- 14 - expenses related to remodeling their house and building the pool, expenses with which Linda had no familiarity and thus no basis for comparison,7 the $30,000 difference was not enough for Linda to suspect that Jerry was keeping income off their returns. See Pietromonaco, 3 F.3d at 1347 (requesting spouse had no reason to know when expenses were less than twice reported income). Thus, we find that a reasonable person in Linda's position would not suspect that something was going on. We note that we compared the aggregate expenses and income from 1990 through 1992. See supra note 6 (comparing expenses and income for 1993). This raises a potential issue unaddressed by either party--whether for any one year those extra expenses were so out-of-whack that they should have triggered the duty of inquiry. Our own rough calculation is that in 1991, the Haltoms’ adjusted gross income of $51,901 was less than half of their 6(...continued) did not have access. He also gave Linda an additional $30,000 that she deposited into the joint checking account. These amounts equal roughly $275,000. We exclude $40,000 of payments for his cars which Linda did not know about to arrive at $235,000. The income the Haltoms reported for those 3 years was $205,828. In 1993, the Haltoms reported $124,976 in adjusted gross income on their tax return, while the total Mr. Haltom embezzled was $21,652; the amount embezzled was so small compared to their AGI that it would have passed unnoted amidst all their legitimate income that year. 7 See Ferrarese, T.C. Memo. 1993-404 (neither wife nor many other recipients of Broadway tickets from husband knew how expensive they were).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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