Lindsey C. Nelson - Page 5

                                                - 5 -                                                  
                  Lack of actual knowledge is not sufficient to qualify for                            
            innocent spouse relief.  Petitioner must establish that he had no                          
            reason to know of the understatements.  Whether petitioner had                             
            reason to know of the understatements depends on whether a                                 
            reasonable person in his circumstances could be expected to know                           
            that income had not been reported and that erroneous deductions                            
            had been claimed at the time the returns were signed.  Flynn v.                            
            Commissioner, 93 T.C. 355, 365 (1989).  Whether a duty to inquire                          
            into the propriety of the return arises depends on the taxpayer's                          
            education level, involvement in family business and financial                              
            affairs, presence of expenditures that appear lavish or unusual,                           
            and the culpable spouse's evasiveness or deceit concerning the                             
            couple's finances.  Kistner v. Commissioner, 18 F.3d 1521, 1525                            
            (11th Cir. 1994), revg. T.C. Memo. 1991-463.  Petitioner contends                          
            that he neither knew nor had reason to know about Linda's                                  
            defalcations from Datanet.                                                                 
                  It is unnecessary to decide whether or not petitioner                                
            actually knew of the unreported income and bogus deductions                                
            because he clearly had reason to know of those items.2  During                             
            these years petitioner and Linda received and spent over $71,000                           
            embezzled from Datanet.  At the same time they received gross                              
            income from wages in the amount of approximately $100,000.  There                          
            were no savings, and they spent approximately $171,000 during the                          

            2   With regard to the 1993 return, petitioner                                             
            obviously knew that that return was not correct.  The                                      
            return was signed by petitioner on Mar. 9, 1994.                                           
            Linda was indicted in January 1994, and pled guilty                                        
            and was convicted on Mar. 25, 1994.                                                        




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011