Mary Catherine Pierce - Page 24

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          the losses would result in rightful tax refunds.  Petitioner’s              
          mere lack of understanding of the legal or tax consequences                 
          pertaining to the claimed losses is insufficient, by itself, to             
          afford petitioner relief from the resulting liability.                      
               Petitioner made several expenditures that were relatively              
          “unusual or lavish” when compared to the Pierces’ past or normal            
          spending patterns.  After the receipt of the tax refunds,                   
          petitioner contributed $490,000 of capital to DDC.  In addition,            
          loans from shareholder balances on MCU’s yearend financial                  
          statements ranged from $414,200 to $705,200 during the period               
          1992 to 1998.7  DDC’s financial statements reflected a $310,000             
          note payable to the limited partner (petitioner) for its yearend            
          financial statements for 1993 through 1998.                                 
               Petitioner contends that the contributions of capital were             
          from her savings.  She also contends that the loan balances shown           
          as due her on the books of MCU and DDC could be attributable to             
          accumulated or accrued interest on existing loans and liability             
          transactions other than loans.  We find curious, however,                   
          petitioner’s contention that she had enough money in personal               
          savings to fund these transactions.  The only other source of               
          petitioner’s income mentioned in the record (outside her                    
          involvement with Mary Catherine) was her position as a part-time            
          dental assistant.  More significantly, petitioner did not provide           


               7 Petitioner was the sole shareholder of MCU.                          




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