Eugene McClelland and Ione McClelland - Page 11

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          The duty to inquire may arise when the relief-seeking spouse has            
          notice that a particular deduction could result in a substantial            
          understatement.  Id.  The failure to inquire may result in the              
          constructive knowledge of the understatement.  But, had the                 
          relief-seeking spouse inquired about the underlying transaction             
          and been assured of its legitimacy, she need not repeat her                 
          inquiry unless the return clearly has red flags.  Id. at 590 n.7.           
          The factors considered in deciding whether the relief-seeking               
          spouse had a reason to know or a duty to inquire are:  “‘the                
          spouse’s level of education, [her] involvement in family                    
          financial affairs, the evasiveness or deceit of the culpable                
          spouse, and any unusual or lavish expenditures inconsistent with            
          the family’s ordinary standard of living.’”  Id. at 591 (quoting            
          Guth v. Commissioner, 897 F.2d 441, 444 (9th Cir. 1990)).                   
                         i.   Level of Education                                      
               Ms. McClelland graduated from high school in 1958.  In 1959            
          she was trained as a flight attendant.  She did not receive any             
          additional formal education.                                                
                         ii. Involvement in Family Financial Affairs                  
               Ms. McClelland’s involvement in petitioners’ family’s                  
          financial affairs was limited.  Having heard the testimony, we              
          believe Mr. McClelland wrote all checks paying their household              
          bills, and petitioners did not have a joint bank account during             
          the years in issue.  Before each time Ms. McClelland shopped for            






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