- 39 - spouse’s involvement in the family’s business and financial affairs; (3) the presence of expenditures that appear lavish or unusual when compared to the family’s past levels of income, standard of living, and spending patters; and (4) the culpable spouse’s evasiveness and deceit concerning the couple’s finances. [Citations omitted.] Under the Price approach, a spouse’s knowledge of the transaction underlying the deduction is not irrelevant; the more a spouse knows about a transaction, “the more likely it is that she will know or have reason to know that the deduction arising from that transaction may not be valid.” Price v. Commissioner, supra at 963 n.9. In the present case, petitioner was acquiring a college education during the years in issue. She was involved in her family’s financial affairs, and she participated in the decision- making process with respect to large expenditures. There is no evidence of evasiveness or deceit by Mr. Barnes. In fact, in this case petitioner was involved in the Hoyt investment, she knew the investment was designed to generate substantial tax savings, she knew that those savings were derived from positions taken on the joint returns for the years in issue, and the investment materials clearly and repeatedly indicated that the tax benefits would almost assuredly be disputed by the IRS. “Tax returns setting forth large deductions, such as tax shelter losses offsetting income from other sources and substantially reducing or eliminating the couple’s tax liability,Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011