Glenyce R. Peterson - Page 11

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          petitioner argues that, because her area of expertise is limited            
          to the study of fabrics and clothing, rather than business and              
          accounting, we should attribute little if any weight to her                 
          academic degrees and status as a professor.  We reject                      
          petitioner's efforts to attenuate her academic accomplishments by           
          pointing to the nature of her expertise.  Based on the record in            
          the instant case, we are satisfied that a reasonably prudent                
          taxpayer with petitioner's education would have had the ability             
          to understand that there was a substantial understatement on each           
          of the joint returns.  While it is not uncommon for courts to               
          conclude that highly educated intelligent taxpayers are entitled            
          to innocent spouse relief, cf. Resser v. Commissioner, 74 F.2d              
          1528 (7th Cir. 1996); Friedman v. Commissioner, 53 F.3d 523 (2d             
          Cir. 1995) ; Foley v. Commissioner, T.C. Memo. 1995-16; Robertson           
          v. Commissioner, T.C. Memo. 1992-32, the facts of the instant               
          case do not support a similar conclusion.  We do not believe that           
          it was necessary for petitioner to have possessed specialized               
          knowledge and education in order for her to have had reason to              
          know income was being omitted from her joint returns.  This case            
          does not involve transactions the nature of which would require             
          special understanding or knowledge to appreciate.  Rather, it               
          involves the omission of embezzlement income.  Cf. Resser v.                
          Commissioner, supra.  That Mr. Peterson's law practice may have             
          been complex in nature, and despite petitioner's professed lack             
          of knowledge with respect to the operation of that practice, is             




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