- 16 - Peterson during taxable year 1991 were reported on the return and that that amount totaled $45,000. She claims that she specifically asked Mr. Peterson whether all embezzled funds were reported on the return and that Mr. Peterson assured her that the above-referenced $45,000 figure accounted for all such funds. Further, petitioner asserts that she inquired at Mr. Peterson's law office as to whether anyone there knew the actual amount that Mr. Peterson had embezzled during 1991. Office personnel, she testified, told her that the estate had received special treatment and that, as a result of such treatment, and because no paper trail had been created, the actual amount of Mr. Peterson's embezzlement could not be determined. Petitioner also claims to have been told that the estate's file had been forwarded to an attorney unaffiliated with Mr. Peterson's firm, and that, as a result, she was unable to pursue the matter further. Respondent attempts to refute each of these allegations. Specifically, she argues that, because Mr. Peterson was a known embezzler and had suffered from a memory-impairing stroke the prior year, it was unreasonable for petitioner to accept his word that he had only embezzled $45,000 in 1991 and that all such embezzled funds were reported on the couple's 1991 return. Instead, respondent claims, petitioner should have contacted the attorney who had replaced Mr. Peterson as the estate's attorney in order to determine the validity of Mr. Peterson's representation that all embezzled funds were accounted for in thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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