Sharon Lee Bartlett, F.K.A. Heitzman - Page 47

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          duty to seek advice from her own independent legal and financial            
          advisers”.  Friedman v. Commissioner, 53 F.3d at 531.  Even if              
          petitioner had asked any questions, her lack of financial                   
          sophistication, her nonexistent role in Mr. Heitzman’s business             
          and investment activities, and Mr. Heitzman’s attitude toward               
          petitioner’s participation in those affairs, would have allowed             
          her to uncover no more than she already knew.  Had Mr. Heitzman             
          shown petitioner the pertinent documents, their aura of                     
          verisimilitude would have provided her with little to question.             
          The fundamental mendacity of the documents could have been                  
          uncovered only by a much more sophisticated and skeptical                   
          investor--which, in 1980, petitioner was not.  Even the warning             
          to seek the opinion of independent tax counsel would not have               
          caused petitioner to question the deductions claimed on the                 
          return because the return bore the imprimatur of an independent             
          and respected income tax return preparer.                                   
               For purposes of sec. 6013(e)(1)(C), we find that, under the            
          circumstances of this case, petitioner neither knew nor had                 
          reason to know of the understatement on the 1979 joint income tax           
          return.  She had no effective knowledge of the relevant                     
          underlying transaction nor did she have a duty to inquire into              
          the validity of the deductions arising from the transaction that            
          were claimed on the 1979 joint income tax return.  Bokum v.                 
          Commissioner, 94 T.C. at 145-148; Flynn v. Commissioner, 93 T.C.            
          at 365-366.                                                                 



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