- 25 - spending. This factor, however, is not determinative. Id. at 118. The losses helped to reduce petitioner and her husband’s reported tax liabilities for 1984 through 1986 to a total of $394. Such deductions, which shelter such a large percentage of the income reported on the returns, support a finding that petitioner had reason to know of the understatement. Id. Section 6015 relief “was not designed to protect willful blindness or to encourage the deliberate cultivation of ignorance.” Friedman v. Commissioner, 53 F.3d 523, 525 (2d Cir. 1995), affg. in part and revg. and remanding in part T.C. Memo. 1993-549. “Extravagant tax savings may alert even a financially unsophisticated spouse to the possible improprieties of a tax scheme.” Id. d. Other Spouse’s Evasiveness and Deceit Where one spouse is “cunning and systematic” in concealing the understatement of taxes, the other spouse may plausibly claim ignorance notwithstanding some educational attainments or some involvement in family financial affairs that are distinct from the understatement of taxes. Bliss v. Commissioner, supra at 379. Disclosure by the other spouse, however, is probative in determining that relief is inappropriate. Id.; see also Hayman v. Commissioner, supra at 1262, 1263 (lack of deceit by other spouse important factor in denying relief).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011