Sherry P. Aude - Page 24

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          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 threatened              




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