Marc S. Feldman - Page 15

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               after the new year in January of 1997, I wanted to know                
               where it was.  I wanted to follow up with it.                          
                    I--and because this was more money than I ever                    
               made in my entire life.  So I wanted to try and find                   
               out where it was.                                                      
                    Obviously, I didn’t do a good job.  I missed                      
               things.  But it was because of, that I was making a                    
               vast amount of money and I wanted to know where it was,                
               Your Honor.                                                            
                    And perhaps I should have started sooner, but                     
               that’s where I started right after the new year in                     
               January of 1997.                                                       
          Both of the joint returns in issue here were filed subsequent to            
          the inquiries he described.  Petitioner stated on brief that “he            
          chose not to” handle the family’s financial affairs.  This choice           
          does not relieve petitioner of the duty to investigate blatant              
          factual inconsistencies in the materials provided to him.                   
          Petitioner testified that he never requested original bank                  
          statements from Ms. Trevino or from the banks directly.                     
          Petitioner alleged in the petition that Ms. Trevino offered                 
          photocopied bank statements because, she said, the banks would              
          not provide originals for accounts with such large balances.                
          Petitioner was satisfied receiving photocopies of bank statements           
          that were filled with obvious errors.  All of the materials that            
          petitioner presented at trial as evidence of Ms. Trevino’s                  
          alleged misrepresentation were highly suspect and would put a               
          reasonable person on notice that further inquiry was needed.                








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