Phyllis E. Campbell - Page 23

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               We have already stated why we believe petitioner did not               
          benefit from the London straddle.  She lost access to $2.6                  
          million in her account, and she never saw that money again.  As             
          we have noted, the Campbells’ lifestyle significantly declined              
          after 1983, and they were forced to move because of Mr.                     
          Campbell’s misfortunes in the options trading business.                     
               Further, we believe imposing a tax liability of more than              
          $2.8 million as a result of a disallowed transaction of which               
          petitioner had no actual or constructive knowledge would be                 
          extremely inequitable.  Despite Mr. Campbell’s recent success in            
          his trading, we believe that petitioner would suffer severe                 
          economic hardship if she faced such a liability.  She is in her             
          sixties with a limited number of working years.  She has only a             
          small retirement account, her home, and a 1993 Ford explorer.               
               Respondent argues that it is not inequitable to hold                   
          petitioner solely liable for the deficiency because the $3.5                
          million sheltered by the London straddle was attributable to her.           
          Respondent further suggests that petitioner misled him during the           
          Appeals process because she did not explicitly tell him that the            
          account generating the gain sheltered by the London straddle                
          deduction belonged to her.  We disagree.                                    
               We have found that petitioner’s involvement in the Refco               
          account was in her capacity as a nominee only.  Mr. Campbell                
          stated that his friends at Refco opened the account for her.                






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