Michael B. Butler and Jean Butler - Page 13




                                       - 13 -                                         
          (2) the spouse's involvement in the family's business and                   
          financial affairs; (3) the presence of expenditures that appear             
          lavish or unusual when compared to the family's past income                 
          levels, income standards, and spending patterns; and (4) the                
          culpable spouses's evasiveness and deceit concerning the couple's           
          finances.  See Kistner v. Commissioner, supra at 1524.                      
               As to the first factor, level of education, petitioner                 
          earned a college degree in medical records administration from              
          St. Louis University.  She also owned and operated her own                  
          construction business (JCB) that was, like the corporation in               
          which her husband was a shareholder (BGE), an S corporation.                
          Petitioner was primarily responsible for JCB's day-to-day                   
          affairs.  She collected the information with which to file tax              
          returns for JCB and signed those tax returns.  Consequently, we             
          believe that she must have been familiar with the manner in which           
          income of an S corporation flows through to the individual                  
          shareholders for Federal tax purposes.  Although petitioner                 
          testified that she had nothing to do with petitioner's husband's            
          nursery business during its existence, she admitted that she was            
          the secretary-treasurer of Sweetwater Greenery, Inc. (the                   
          bankrupt predecessor company of BGE and the initial S corporation           
          operating the foliage nursery).  By 1992, petitioner had                    
          considerable experience in business and financial matters.  At a            
          minimum, given her experience in the family's financial affairs,            






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011