- 24 -24 be unaware of the circumstances which gave rise to the omissions. Purcell v. Commissioner, 86 T.C. 228, 238 (1986), affd. 826 F.2d 470 (6th Cir. 1987). The spouse seeking relief must demonstrate lack of both actual and constructive knowledge of the omission such that a reasonable person could not be expected to know that the tax liability stated was erroneous or that further inquiry was necessary. Stevens v. Commissioner, 872 F.2d 1499, 1504-1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63. Mrs. Zaban's claim that she knew nothing, nor had any reason to know, about Mr. Zaban's illegal activities, is not credible given the record before us. To be sure, Mrs. Zaban knew that Mr. Zaban had been convicted in 1978 of bookmaking with Mr. Neumyer and that Messrs. Zaban and Neumyer continued to deal with each other on a regular basis, both in person and on the telephone, throughout the years in issue. Mrs. Zaban also knew that Mr. Zaban traveled frequently to Las Vegas and Atlantic City. Mrs. Zaban was aware that Mr. Zaban did not work regular hours, and that he made or received unusually high volumes of telephone calls. Further, Mrs. Zaban knew that Mr. Zaban worked only in their basement where he kept betting records and other gambling paraphernalia, tape recorders hard-wired to the telephone lines, and a toolbox for storing large amounts of cash, all of which were readily visible to anyone who passed through the basement.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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