- 47 - 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.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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