- 39 - cantly improved during those years. Petitioner's family expendi- tures during the years at issue were not lavish compared to her standard of living during the years prior to those years.30 Although petitioner and Mr. Morris made two large expenditures during 1987, viz., paying off the $17,560.77 mortgage on their house and paying $20,000 toward the purchase of the Illinois land, the source of the funds used to make those expenditures was the $40,000 bonus that Mr. Morris received during 1987.31 Based on our examination of the entire record in this case, we are persuaded, and we find, that a reasonably prudent person, under the circumstances of petitioner, could not have been expected to know at the time she signed each of the joint returns in question that each such return contained a substantial under- statement attributable to the unreported embezzlement income or 30 We note that Mr. Morris began embezzling funds from John Kenny Company several years prior to the years at issue, and there is no reason to believe that petitioner's standard of living improved during the years at issue as a result of the embezzled funds. 31 Respondent further contends, and petitioner concedes, that Mr. Morris transferred to petitioner ownership of a life insur- ance policy that had a cash value of $15,000. Apparently, it is respondent's view that that transfer should have caused peti- tioner to investigate further whether the joint returns in question contained substantial understatements. We disagree. It is unclear from the record when Mr. Morris transferred ownership of that policy to petitioner. Nor does the record disclose the source of the premium payments on that policy. Petitioner testified that during the years at issue she paid the premiums for a life insurance policy with funds in the joint checking and/or savings accounts, but it is not clear from the record whether those premiums were for the policy, ownership of which Mr. Morris transferred to her.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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