- 12 - Petitioner has failed to satisfy this requirement. Petitioner was aware of the existence of the tax shelter investments; she wrote the checks. See Alt v. Commissioner, 119 T.C. 306 (2002); Jonson v. Commissioner, 118 T.C. 106 (2002) (no evidence was presented that husband concealed or attempted to deceive electing wife concerning couple’s financial affairs). There is no evidence that petitioner was denied access to the documents concerning the tax shelters. See Jonson v. Commissioner, supra at 119 (spouse had access to financial files). Petitioner has not alleged that she was misled but only that she relied on her husband to take care of the returns. See Hayman v. Commissioner, 992 F.2d 1256, 1262 (2d Cir. 1993) (“Although * * * [the taxpayer] claims to have signed the returns without reading them, she nevertheless is charged with constructive knowledge of their contents.”), affg. T.C. Memo. 1992-228; Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989) (spouse cannot obtain benefits by simply turning a blind eye to facts fully disclosed on return); Levin v. Commissioner, T.C. Memo. 1987-67 (spouse cannot obtain benefits of innocent spouse protection in deduction case “by simply turning a blind eye to-–by preferring not to know of- –facts fully disclosed on a return, of such a large nature as would reasonably put such spouse on notice that further inquiry would need to be made”).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011