Harvey I. Epstein and Arlene B. Epstein - Page 11

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          should have known that the return contained a substantial                   
          understatement.  Hayman v. Commissioner, 992 F.2d at 1261.                  
          According to Hayman, a court should look at (1) The level of                
          education and (2) the knowledge and experience in the family's              
          business and financial affairs attained by the spouse claiming to           
          be innocent; (3) whether the family's current standard of living            
          was lavish compared to past levels of income and expenditures;              
          and (4) the conduct of the culpable spouse in concealing the true           
          state of the family's finances from the "innocent" spouse.                  
          Friedman v. Commissioner, supra at 531-532.                                 
               We have made detailed findings of fact, many of which                  
          encompass the Hayman case factors, and no useful purpose is                 
          served by rehashing these facts in detail.  But in our view, when           
          the Hayman four factors are applied in our case, petitioner                 
          satisfies the requirement of subparagraph (C) that in signing the           
          return she did not know, and had no reason to know, that there              
          were substantial understatements.                                           
               (1)  Petitioner, while well educated, devoted most of her              
          time to her interest in the arts--graphic arts and the theater--            
          and her work experience as a space salesman for a small, local              
          newspaper did nothing to fit her for an understanding of business           
          matters on anything like a sophisticated level.                             
               (2)  Petitioner had no role whatever in the family's                   
          financial affairs beyond, at most, making cash payments for                 





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