Lloyd E. Dawson, Jr. - Page 24

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          petitioner.  Indeed, all of the embezzled funds were deposited in           
          and disbursed from joint checking accounts to which petitioner              
          had access and with respect to which statements were available to           
          him.                                                                        
               Under the circumstances of the instant case, a reasonably              
          prudent person would have seriously questioned the gross income             
          reported in the joint return petitioner and Ms. Dawson filed for            
          1988, and petitioner, therefore, had a duty of inquiry with                 
          respect to the correctness of the reported income, a duty that he           
          failed to discharge.  Park v. Commissioner, 25 F.3d at 1293;                
          Sanders v. United States, 509 F.2d at 167.  We accordingly find,            
          based on the entire record, that petitioner knew or had reason to           
          know of the substantial understatement of tax on the 1988 return            
          resulting from the omission of the income embezzled by Ms. Dawson           
          during such year.                                                           
               The next matter we consider is whether it would be                     
          inequitable to hold petitioner liable for the deficiency                    
          attributable to the omission of the funds embezzled by Ms. Dawson           
          from the 1988 return.  Sec. 6013(e)(1)(D).  In deciding the                 
          issue, we take into account all of the facts and circumstances.             
          Id.; sec. 1.6013-5(b), Income Tax Regs.  A factor to be                     
          considered is whether the person seeking relief significantly               
          benefited, directly or indirectly, from the omitted income.9                

          9                                                                           
               Although sec. 6013(e)(1)(D), since its amendment in 1984, no           
                                                             (continued...)           




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