- 12 - be charged with knowing about Jerry’s investment accounts. The Commissioner believes that this alone should have been enough to make her suspicious. We disagree. In today’s society, simply receiving a letter from a financial institution will make a reasonable person suspect only that her family has somehow made its way onto a marketer’s mailing list, not that her spouse has money hidden away. It certainly would not be enough to compel her to open the statements to check the account balances. The Commissioner also points to Linda’s receiving checks from Jerry written from two different accounts. He argues that this should have caused her to suspect that he had multiple accounts of his own, concluding again that he must have money hidden away. We again disagree. Having more than one account is not necessarily a particularly suspicious act, especially for a prosperous businessman. Without some other sign of dishonesty, noticing the different account numbers on the bottom of the checks would not make a reasonable person in Linda’s position suspect anything other than Jerry had a business need for more than one account. We next look to see if there were large or lavish expenses. Courts have been careful to consider whether a family's expenses were reasonable in relation to the income reported on the return. Barranco v. Commissioner, T.C. Memo. 2003-18. This is based on the commonsense observation that even a trusting wife shouldPage: 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