- 17 - return. Because petitioner did not conduct such an inquiry, respondent contends that she failed to discharge her duty to inquire. Consequently, respondent maintains that, at the time she signed her 1991 return, petitioner knew or had reason to know that such return contained a substantial understatement. We find respondent's argument in this regard unpersuasive. We reject her assertion that petitioner was obligated wholly to discard the trust and confidence she had in Mr. Peterson simply because he had engaged in prior illegal activity. However, petitioner bears the burden of proof on this issue, and she has fallen short in carrying that burden. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933); see Purcell v. Commissioner, 826 F.2d at 473; Sonnenborn v. Commissioner, 57 T.C. at 381-383 (1971). Petitioner's argument with respect to taxable year 1991 is bootstrapped to her argument with respect to taxable year 1990. She maintains that she lacked reason to know of the understatement for 1991 because her husband's embezzlement activities took place at his law office and not at the couple's residence. For reasons explained earlier in this opinion, we find this argument unpersuasive. Petitioner has provided little convincing evidence in this case, and her arguments are cursory and attenuated. Moreover, although petitioner testified that she questioned the staff at Mr. Peterson's office about the embezzlement, she failed to corroborate that testimony. Because petitioner's testimony in this regard is self-serving andPage: 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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