Glenyce R. Peterson - Page 21

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               With respect to taxable year 1991, we find that petitioner             
          has established that her former husband attempted to conceal the            
          "extent" of his embezzlement activities by misleading petitioner            
          when she inquired whether the $45,000 entry on their return                 
          accounted for all of the couple's 1991 embezzlement income.                 
               Having thoroughly examined the circumstances of the instant            
          case, we conclude that a reasonably prudent person would have               
          seriously questioned the gross income reported in the joint                 
          return petitioner and her former husband filed for taxable year             
          1990.  None of the four factors discussed above favors petitioner           
          with respect to taxable year 1990.  We therefore conclude that              
          petitioner had a duty of inquiry with respect to the correctness            
          of the reported income and that she failed to discharge that                
          duty.  See Park v. Commissioner, 25 F.3d at 1293; Sanders v.                
          United States, supra at 167.  Accordingly, we find, based on the            
          entire record, that petitioner had reason to know of the                    
          substantial understatement of tax on her 1990 return resulting              
          from the omission of the income embezzled by Mr. Peterson during            
          taxable year 1990.                                                          
               With respect to taxable year 1991, our examination of the              
          circumstances of the instant case indicates, and we find                    
          accordingly, that petitioner has failed to establish that she had           
          no reason to know of the substantial understatement of tax on her           
          1991 return resulting from the omission of the income embezzled             
          by Mr. Peterson during taxable year 1991.  Of the four factors              




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