Carl E. Jones and Elaine Y. Jones - Page 63

                                                -63-                                                  
                  In deciding whether Mrs. Jones had "reason to know" of the                          
            substantial understatements when she signed the returns, we take                          
            into account:  (1) Her level of education; (2) her involvement in                         
            the family's business and financial affairs; (3) the presence of                          
            expenditures that appear lavish or unusual when compared to the                           
            family's past levels of income, standard of living, and spending                          
            pattern; and (4) the culpable spouse's evasiveness and deceit                             
            concerning the couple's finances.  Kistner v. Commissioner, 18                            
            F.3d 1521, 1525 (11th Cir. 1994), revg. T.C. Memo. 1991-463;                              
            Stevens v. Commissioner, 872 F.2d 1499 (11th Cir. 1989).  The                             
            foregoing factors are considered "because, ordinarily, they                               
            predict what a prudent person would realize regardless of the                             
            other spouse's evasiveness or deceit."  Bliss v. Commissioner, 59                         
            F.3d 374, 379 (2d Cir. 1995), affg. T.C. Memo. 1993-390.                                  
                  Petitioners reported that they had $49,976 of taxable income                        
            in 1989 and negative taxable income in 1990 and 1991.  In 1990                            
            and 1991, Mrs. Jones received the Winterchase lots and the                                
            Papermill Road property, which had fair market values of $166,904                         
            and $46,794, respectively, and the balance due on her townhouse,                          
            $34,987, was effectively canceled.  Petitioners did not report                            
            the value of these distributions as income on the joint returns                           
            they filed in 1990 and 1991.                                                              
                  Mrs. Jones was not involved in the day-to-day operation of                          
            petitioner's business; however, she was 50-percent owner of                               
            Carlsgate Properties, Inc., an S corporation, and had been the                            
            owner of her own decorating business, Delane's Decorating                                 



Page:  Previous  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  Next

Last modified: May 25, 2011