- 16 -
counting the factors in a spouse's favor. Guth v. Commissioner,
supra at 444.
We first consider petitioner's level of education. At the
time petitioner signed the returns, her highest level of
education was a high school diploma, which she earned with a 2.0
grade point average. She did not have any education or work
experience in tax, financial or accounting matters. Respondent
contends that petitioner "possesses considerable common sense and
life experience", but we find nothing in the record regarding her
education and experiences that would or should have alerted her
to the pitfalls of this situation.
We next consider petitioner's involvement in her family's
financial and business affairs. Mr. Aude dominated the financial
side of the marriage with petitioner playing a minor role in the
family's finances. While petitioner was introduced to Mr. Aude's
business contacts, she did not attend the meetings (except for
the initial Magnum meeting). She was not informed of the
specifics of Mr. Aude's investments. If petitioner questioned
Mr. Aude about the financial affairs, Mr. Aude would respond that
it was his money, and therefore it was not her concern.
Petitioner's only job with regard to the family's finances
was to pay the household bills from the monthly allowance. She
wrote checks out of a joint account and recorded the checks in
her own check register. However, petitioner never saw the checks
Mr. Aude wrote or his check register. Additionally, petitioner
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011