Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 57

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               Consequently, we conclude that Ms. Walters had not been put            
          on notice that embezzlement income was being unreported or that             
          further inquiry was needed.                                                 
               As we stated earlier, we are not faced with a situation                
          where income earned by FIP was understated or deductions claimed            
          by FIP were overstated on its tax returns.  If we were, we agree            
          that Mr. Gherman's prior activities and difficulties might have             
          put Ms. Walters on notice that further inquiry as to unreported             
          income was necessary.  But FIP's income and deductions are not              
          the issue.  In our view, under the circumstance of the instant              
          case, Mr. Gherman's prior activities are not relevant to the                
          issue of whether Ms. Walters had reason to know that Mr. Gherman            
          was stealing money from accounts of FIP's clients.                          
               On the basis of the foregoing, we conclude that Ms. Walters            
          had neither actual nor constructive knowledge of the                        
          embezzlement.  See Park v. Commissioner, 25 F.3d at 1293-1294.              
          Accordingly, we hold that Ms. Walters did not know, nor did she             
          have reason to know, about the unreported income.                           
               Inequitable To Hold Liable for Tax                                     
               Petitioners contend that it would be inequitable to hold Ms.           
          Walters liable for the deficiencies in tax and additions to tax.            
          Respondent disagrees.                                                       
               Whether it is inequitable to hold a person liable for                  
          additional tax, interest, and additions to tax is to be                     
          determined on the basis of all the facts and circumstances.  Sec.           



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