Gerald Jacoby and Arlene Jacoby - Page 19

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            Commissioner, 992 F.2d 1256, 1262 (2d Cir. 1993), affg. T.C.                                  
            Memo. 1992-228.  As noted below, Gerald assured petitioner that                               
            everything was in order, and she relied on Gelda's reputation as                              
            return preparer.                                                                              
                  We look at the following four factors to determine whether a                            
            reasonably prudent taxpayer in petitioner's position should have                              
            known that the return contained a substantial understatement:                                 
            (1) Petitioner's level of education; (2) petitioner's knowledge                               
            and experience in the family's business and financial affairs;                                
            (3) whether the family's standard of living during the years in                               
            issue 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                                       
            petitioner.  Friedman v. Commissioner, supra at 531-532.                                      
                  Petitioner graduated from high school and completed two                                 
            semesters of college.  She had no training or experience in                                   
            business matters.  Petitioner has worked in the home since 1966.                              
                  Petitioner's knowledge of the family's financial affairs and                            
            Gerald's business affairs was minimal.  Petitioner paid household                             
            expenses from a joint checking account, and that was her only                                 
            involvement in the family's financial affairs.  Petitioner had no                             
            voice in the Jacobys' investments, and she was not aware that                                 
            Gerald had invested in tax shelters.  She had no role in Gerald's                             
            businesses, and he would not discuss his business activities with                             
            her.                                                                                          




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