- 16 - Park v. Commissioner, supra at 1293-1294; Sanders v. United States, supra at 169; Bokum v. Commissioner, supra at 146. Consequently, a spouse who knows or has reason to know of such a transaction does not qualify for relief as an innocent spouse. Park v. Commissioner, supra; Sanders v. United States, supra. A spouse has “reason to know” of an understatement if a reasonably prudent taxpayer under the circumstances of the alleged innocent spouse at the time of signing the return could be expected to know that the tax liability stated was erroneous or that further investigation was warranted. * * * [Park v. Commissioner, supra at 1293 (citing Sanders v. United States, supra at 166-167 and n.5.)] In deciding the issue, factors we consider include: (1) The level of education of the spouse seeking relief; (2) the spouse’s involvement in the family’s business and financial affairs; (3) unusual or lavish expenditures made by the family; and (4) the “culpable” spouse’s refusal to be forthright about the couple’s income. Park v. Commissioner, 25 F.3d at 1293; Sanders v. United States, 509 F.2d at 167-170. In reaching our decision, we consider the interplay among the factors, and different factors will predominate in different cases. Bliss v. Commissioner, 59 F.3d 374, 378 (2d Cir. 1995), affg. T.C. Memo. 1993-390. Turning to the facts of the instant case, we find that, even if, at the relevant time, petitioner did not actually know that Ms. Dawson was embezzling funds from her employers, i.e., thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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