- 11 - about large deductions reported on the face of her joint return and was unable to escape her tax responsibilities by ignoring the contents of the return when signing it); see also Mora v. Commissioner, 117 T.C. 279, 289 (2001); cf. Price v. Commissioner, supra at 965-966 (spouse entitled to relief under former section 6013(e) where she questioned her husband about the erroneous deduction and he took advantage of her lack of understanding of their financial affairs and misled her as to the contents of the return by assuring her that the deduction was proper). Petitioner could easily have discussed the contents of the subject returns with Albin at or before the time that she signed them. He did not coerce her into signing them, nor did he exercise undue influence over her with respect to their financial affairs. See Adams v. Commissioner, 60 T.C. 300, 303 (1973). As the Court stated in a similar setting in Levin v. Commissioner, supra: a spouse cannot obtain the benefits of section 6013(e) [the predecessor to section 6015] 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. * * * Petitioner argues that she was unsophisticated as to financial matters and that she signed each subject return on the basis of her trust in Albin and his accountant to prepare the returns correctly. Petitioner argues that she did not have any duty of inquiry in that she did not know what to inquire about.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011