David R. Braden and Sharon F. Braden - Page 14




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          involvement with, or knowledge of, the financial affairs of Ms.             
          Braden’s father prior to the father’s death.  After the father’s            
          death, petitioner knew only that Ms. Braden was entitled to                 
          receive, and did receive, an inheritance.  Petitioner’s                     
          involvement with petitioners’ joint financial affairs generally             
          was limited to depositing his paycheck in a joint account with              
          Ms. Braden.  Ms. Braden paid most of petitioners’ bills and                 
          managed their financial affairs.  Ms. Braden, the executrix of              
          her father’s estate, also handled the financial matters flowing             
          from her father’s death.  Although Ms. Braden certainly was in a            
          position to know that the distributions came from her father’s              
          IRA’s, the record does not contain any evidence that she or                 
          anyone else told petitioner that the distributions consisted of             
          IRA withdrawals and interest income or gave him any reason to               
          conclude the distributions were taxable.9  There were no lavish             
          or unusual expenditures following the receipt of the                        
          distributions that were inconsistent with petitioner’s belief               
          that Ms. Braden had received a nontaxable inheritance from her              
          father’s estate.  Moreover, although petitioner inquired about              



               9Respondent relies upon our decision in McCoy v.                       
          Commissioner, 57 T.C. 732 (1972), for the proposition that where            
          both spouses are “innocent” neither spouse is entitled to relief            
          under former sec. 6013(e).  We reject respondent’s argument based           
          on McCoy.  The evidence in this case supports a conclusion that             
          Ms. Braden, by reason of her position as executrix and                      
          beneficiary of the IRA’s, likely knew or had reason to know that            
          the accounts from which the distributions were made were IRA’s.             





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