- 21 - 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 factorsPage: 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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