Stanley J. Zaban and Shirley A. Zaban - Page 24

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             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.                                                              







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