- 16 - expenditures that appear lavish or unusual when compared to the family’s past levels of income, standard of living, and spending patterns; and (4) the culpable spouse’s evasiveness and deceit concerning the couple’s finances. See Hayman v. Commissioner, supra at 1261; Price v. Commissioner, supra at 965. 1. Facts Supporting a Finding that Petitioner Lacked Constructive Knowledge of Understatement On one hand, certain of the above-mentioned factors indicate that petitioner did not have reason to know of the understatement of tax contained in the couple’s 1981 and 1982 tax returns. First, petitioner had no role in the couple’s finances beyond making payments for household expenses. All other matters were the responsibility of her income-producing counterpart, a responsibility which he in turn delegated to his personal secretary. While Mr. Von Kalinowski did not seek to hide any financial information from petitioner, the two simply did not discuss such matters beyond mere generalities. In keeping with this general practice, petitioner was at no time aware of her husband’s participation in the tax shelter investments. Second, as reflected in the findings of fact, petitioners maintained a reasonably affluent lifestyle both prior to their marriage and during the years which followed. Petitioner testified that she did not experience a change of lifestyle during the tax years at issue, and we find her testimony credible in this regard. We are satisfied that nothing about petitioners’Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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