- 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
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