Wendlyn H. Albin - Page 11

                                       - 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