- 57 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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