- 11 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011