- 42 - With respect to petitioner’s knowledge of the underlying transaction, which in this case was Mr. Heitzman’s purchase of the Stonehurst interest in December 1979, petitioner knew of the bare existence of the transaction, but little more. Both Mr. Heitzman’s testimony and that of petitioner herself show that he informed her of his purchase either shortly before it was made or at some point thereafter, prior to the filing of the 1979 return. In considering whether this bare knowledge of the transaction is sufficient to hold petitioner to have had reason to know of the understatement, we must consider several factors used by this Court and others: (1) The putative innocent spouse’s level of education; (2) her involvement in the family’s financial affairs; (3) the putative guilty spouse’s evasiveness or deceit concerning the family’s finances, and; (4) the presence of lavish or unusual expenditures or any large unexplained increase in the family’s standard of living. Flynn v. Commissioner, 93 T.C. 355, 365-366 (1989); see also Silverman v. Commissioner, T.C. Memo. 1996-69, revd. on other grounds 116 F.3d 172 (6th Cir. 1997). Petitioner was a woman of limited education and no financial sophistication who trusted Mr. Heitzman and deferred to him on all business matters. Mr. Heitzman told petitioner that the Stonehurst partnership was a tax shelter “in oil and gas” that would make some money, facts that, to petitioner, were consistentPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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