- 14 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011