Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 51

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               We are persuaded that Ms. Walters did not know that Mr.                
          Gherman was embezzling money from FIP's clients until 1988, after           
          he fled the country and after the returns for the applicable                
          years were filed.  Mr. Gherman did not tell Ms. Walter that he              
          was embezzling money from the accounts of FIP's clients.  The               
          embezzled funds, furthermore, did not go into the Joan Gherman              
          No. 1 account, over which she had control, but into the FIP                 
          account, over which she exercised no supervision.  Although Ms.             
          Walters attended monthly board meetings of FIP, it is unlikely              
          that the embezzlement of funds from accounts of FIP's clients was           
          a topic of discussion at those meetings.  Even Mr. Feltman, the             
          trustee for the 1988 bankruptcy, became convinced after a lengthy           
          investigation of the CD scheme that Ms. Walters was unaware of              
          the embezzlement until after Mr. Gherman fled the country.                  
          Accordingly, we conclude that at the time the tax returns for the           
          applicable years were filed, Ms. Walters had no actual knowledge            
          of the transaction giving rise to the unreported income--the                
          embezzlement of funds from the accounts of FIP's clients.                   
               Additionally, we are persuaded that Ms. Walters had no                 
          reason to know that Mr. Gherman was embezzling money from the               
          accounts of FIP's clients.  Ms. Walters was a high school                   
          graduate and was basically ignorant of tax, financial, and                  
          accounting principles.  Mr. Gherman's financial affairs were                
          complex, and Ms. Walters had very little to do with them.  The CD           
          scheme continued over a number of years and deceived many                   



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