Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 32

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          persuade us that it is more likely than not that Nancy did not              
          know of the State Coal investment by the time the 1981 tax return           
          was signed; petitioners have clearly carried this burden of                 
          proof.                                                                      
               We next consider whether Nancy should have known of the                
          State Coal investment.  Courts have considered several factors in           
          deciding whether a taxpayer had reason to know of a substantial             
          understatement of tax attributable to the grossly erroneous item            
          (in the instant case, the State Coal deduction), including (1)              
          the putative innocent spouse's level of education, (2) his or her           
          involvement in the family's business and financial affairs, (3)             
          the putative guilty spouse's evasiveness and deceit about the               
          family's finances, and (4) the presence of lavish or unusual                
          expenditures or any large unexplained increase in the family's              
          standard of living.  Flynn v. Commissioner, 93 T.C. 355, 365-366            
          (1989).                                                                     
               Nancy received a B.A. degree in English literature from the            
          University of Cincinnati in 1964.  Nancy was in charge of the               
          household.  She paid for household items out of a joint checking            
          account; the funds deposited into the account came from Sheldon.            
          Nancy was generally aware of Sheldon's business and investment              
          activities, and was aware of (1) Sheldon's sale of Dawn Joy                 
          interest before it took place, (2) Sheldon's Royal Green Fashion            
          investment when it took place, and (3) Sheldon's investments in             





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