- 20 - provide it, relying instead on her general denial. Due to the lack of persuasive evidence in the record, and in light of our concerns with petitioner's credibility, we are simply reluctant to conclude that petitioner's self-serving denial satisfies her burden of proof as to this factor. The fourth factor we consider when assessing whether a taxpayer had reason to know of the existence of a substantial understatement at the time he or she signed the return focuses on whether the taxpayer's spouse was forthright about the omitted income. Because petitioner did not receive actual knowledge of the embezzlement income at issue in this case until February 1992, it is clear that Mr. Peterson was evasive with respect to his embezzlement activities during both taxable years at issue. However, while the record contains evidence that Mr. Peterson might have maintained a "secret" checking account, such evidence is not sufficient to convince us that the funds Mr. Peterson embezzled were accumulated in that account. To the contrary, it is clear from the record that during 1990 a large amount of otherwise unexplained cash flowed through the couple's two joint accounts managed by petitioner. Accordingly, though petitioner did not acquire actual knowledge of her former husband's embezzlement activity until after she signed the joint return for taxable year 1990, we find that Mr. Peterson did not attempt to conceal from petitioner the asset acquisitions or other expenditures made with embezzled funds during that year.Page: 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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