- 24 - taxpayer's situation in Wiksell. We find that petitioner did not have reason to know about the understatement. Petitioner did not have substantial cash on hand, did not report small sums, and did not have unusual expenditures for the years at issue. In our case, the evidence does not show that petitioner knew or had reason to know that something was awry on the joint returns. As a result, we find that the physical abuse by Mr. Aude is one of the factors for us to consider in explaining her deference to Mr. Aude. See Makalintal v. Commissioner, T.C. Memo. 1996-9. In Estate of Brown v. Commissioner, T.C. Memo. 1988-297, spousal abuse was considered as a factor. In that case, taxpayer's husband repeatedly physically abused his wife. Id. When he needed taxpayer's signature on a document, he would merely present the document and did not give her an opportunity to read it. Id. Taxpayer "always complied with his demands, for fear that she would be beaten if she refused." Id. In that case, the following was emphasized: That taxpayer's husband was primarily responsible for the operations of the business; that he told his wife almost nothing about the company's affairs; and furthermore that she was forced to sign documents in fear that she would be beaten if she did not comply with her husband's demands. Id. Brown concluded that the taxpayer did not know or have reason to know of the income omitted from the joint returns. Id. While petitioner was not coerced or physically threatenedPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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