Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 35

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          something was wrong.  However, the evidence in the record of the            
          instant case causes us to conclude that Nancy's failure to                  
          inquire is excusable under section 6013(e)(1)(C).  Nancy did not            
          realize that she had not signed the 1981 tax return, because (1)            
          she had two small children to attend to, (2) she did not                    
          contribute to the tax return preparation; and (3) Sheldon's and             
          Nancy's tax returns were usually filed with extensions of time,             
          and were not usually signed at the same time every year.  See               
          supra table 1.                                                              
               We do not suggest that a taxpayer who fails to sign a tax              
          return is better off, for section 6013(e)(1)(C) purposes, than              
          one who does sign the tax return.  The taxpayer must explain the            
          failure, and must dispel any notion that he or she simply chose             
          to turn a blind eye to--by preferring not to know of--facts fully           
          disclosed on a tax return, of such a numerical magnitude as would           
          reasonably put him or her on notice that further inquiry would              
          need to be made.  Bokum v. Commissioner, 94 T.C. at 148.                    
               On the totality of the instant case's record, we are                   
          satisfied that Nancy's failure to inquire about the 1981 tax                
          return is reasonable.  In this circumstance, she did not see the            
          tax return, and so it is understandable and excusable that the              
          zero tax liability did not come to her attention and did not set            
          off any alarms.                                                             







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