Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 39

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               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,           






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