Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 31

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               The lack of knowledge, as contemplated by section                      
          6013(e)(1)(C), is not a mere lack of understanding of the tax               
          consequences of a deduction or credit.  Hayman v. Commissioner,             
          992 F.2d at 1261; Stevens v. Commissioner, 872 F.2d at 1505 n.8;            
          Purcell v. Commissioner, 826 F.2d at 474, 86 T.C. at 237-238;               
          McCoy v. Commissioner, 57 T.C. 732, 734 (1972).                             
               We first consider whether Nancy knew of the State Coal                 
          investment.  Nancy's testimony on this point is clear and                   
          credible.  The surrounding circumstances are consistent with her            
          testimony.  Sheldon wrote the checks to pay for the State Coal              
          investment on his individual checking accounts.  It was Sheldon's           
          practice, both before and during his marriage to Nancy, to keep             
          his business and investment activities separate from his home               
          life.  The witness who dealt with Sheldon in the State Coal                 
          matter testified that, although he had met Nancy several times,             
          he never mentioned State Coal to Nancy, and he never observed               
          anyone else referring to State Coal in Nancy's presence.  Nancy's           
          running of the Silverman household with money that Sheldon gave             
          to her for this purpose is not inconsistent with Nancy's lack of            
          knowledge about State Coal.  Nancy's service as custodian or                
          trustee for the children's bank accounts or A.T.& T. stock                  
          account (see supra table 7) is not at all indicative of whether             
          Nancy knew of State Coal by the time the 1981 tax return was                
          signed.  Petitioners' burden on this limited point is merely to             





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