- 29 - Commissioner, supra at 1536; Bokum v. Commissioner, 94 T.C. 126, 148 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). A spouse may have a duty to inquire further if he or she knows enough facts so as to be placed on notice of the possibility of a substantial understatement. Guth v. Commissioner, 897 F.2d 441, 444-445 (9th Cir. 1990), affg. T.C. Memo. 1987-522. Factors to be considered in determining whether petitioner had no reason to know within the meaning of section 6013(e)(1)(C) include the spouse's level of education; the spouse's in- volvement in the financial and business activities of the family; any substantial unexplained increase in the family's standard of living; and the culpable spouse's evasiveness and deceit about the family's finances. * * * [Resser v. Commissioner, supra at 1536.] According to the notice, Mr. Morris embezzled $102,972.40, $128,092.34, and $129,046.26 during the years 1987, 1988, and 1989, respectively, and, of the total embezzled funds, reported $32,425 as gross receipts of Accu-Data during 1987, $54,907.13 as the aggregate gross receipts of Accu-Data and Meadows during 1988, and $85,944.95 as the aggregate gross receipts of Accu-Data and Meadows during 1989. During the years at issue, Mr. Morris deposited all of the embezzled funds into the bank accounts of the following corpora- tions and other entities that he controlled: Accu-Data, Trust 768, Meadows, and MCIC. Checks drawn on those accounts were received by or were expended on behalf of petitioner during those years, as follows:Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011