Sharon Lee Bartlett, F.K.A. Heitzman - Page 42

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               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 consistent           



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