- 16 - Commissioner, 897 F.2d 441, 444 (9th Cir. 1990), affg. T.C. Memo. 1987-522). In applying these factors, we note that petitioner’s education did not reflect a substantial background in tax or financial matters. Petitioner’s role in the family finances was largely limited to paying the family expenses. Petitioner received money to pay those expenses from Mr. Campbell, who deposited “$100,000 or so” from his trading profits every few months. Even though petitioner was the technical owner of the Refco account that generated large profits in 1983, we find that she was only a nominee and had no control over the funds in the account. Petitioner’s only access to the account was from the allowance she received from Mr. Campbell that he deposited in her personal bank account. Petitioner stated that she never asked him to deposit any money. Petitioner was aware that she received a check issued to her in the amount of $1 million in 1982. Part of the $1 million was used to purchase the family home in Naperville, Illinois. However, Mr. Campbell explained in his testimony that he took the money out of petitioner’s account to buy the home. Petitioner had no involvement in Mr. Campbell’s trading activities or in particular the London straddle. Mr.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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