- 19 - has a duty to inquire further. Guth v. Commissioner, 897 F.2d 441, 444-445 (9th Cir. 1990), affg. T.C. Memo. 1987-522. Factors to be considered in determining whether the spouse had reason to know are the alleged innocent spouse's level of education; the spouse's involvement in the family's business and financial affairs; the presence of expenditures that appear lavish or unusual when compared to the family's past levels of income, standard of living, and spending patterns; and the culpable spouse's evasiveness and deceit concerning the couple's finances. Stevens v. Commissioner, 872 F.2d at 1505; Flynn v. Commissioner, 93 T.C. 355, 365-366 (1989). Petitioner has a high school education. She assisted Mr. Womack in keeping records for his businesses, but prior to the years in issue. She did not have access to the business books or records for the taxable years 1989 or 1990. She was responsible for paying routine family expenses, such as groceries, gas, and the children's expenses, but Mr. Womack paid the larger mortgage, utility, and insurance bills. Petitioner and Mr. Womack operated in separate spheres financially, except that Mr. Womack provided funds to petitioner as needed to pay household and personal expenses. Mr. Womack paid for petitioner's breast implants and bought her several gifts of jewelry during the years at issue. Petitioner did not review the 1989 return and does not remember whether she herself signed the 1990 return. This does not excuse her from responsibility for their contents. ThePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011