Helen M. Korchak - Page 51

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               With respect to the evasiveness and deceit factor, peti-               
          tioner contends:                                                            
               Ernest [Mr. Korchak] secretly and effectively excluded                 
               petitioner from information concerning family finances.                
               He even concealed in a subsequent year the loss of a                   
               $700,000.00 investment.  His policy of secrecy and not                 
               disclosing financial matters deceived the petitioner.                  
          Respondent counters, and we agree on the record before us, that             
          Mr. Korchak was not evasive and did not deceive petitioner with             
          respect to their financial affairs.  Nonetheless, as discussed              
          supra note 24, with respect to the involvement in financial                 
          affairs factor, petitioner was not involved in managing her                 
          family’s finances, making financial decisions for her family, or            
          the reporting of any tax consequences of such financial decisions           


               24(...continued)                                                       
          his responsibility for managing the family finances, Mr. Korchak            
          made all the family financial decisions; (4) Mr. Korchak did not            
          discuss those decisions with petitioner; (5) throughout their               
          marriage, petitioner was generally unaware of bank accounts or              
          brokerage or other investment accounts in Mr. Korchak’s name                
          alone or in the names of Mr. Korchak and petitioner; (6) at all             
          relevant times, Mr. Korchak was responsible for opening and                 
          reviewing all the family’s mail, including bills, tax notices,              
          documents pertaining to investments and other financial matters,            
          bank statements, including any joint checking account statements,           
          and petitioner relied upon him to do so; and (7) petitioner did             
          not become aware of Mr. Korchak’s Madison Recycling investment              
          until Feb. 2, 1986, when she and Mr. Korchak signed Form 872 with           
          respect to their taxable year 1982.  We have also found that                
          petitioner was not involved in the reporting of any tax conse-              
          quences of such financial decisions that were claimed in the                
          joint tax returns, including the 1982 joint tax return, that she            
          and Mr. Korchak filed.  In this connection, we have found that              
          petitioner’s role in the preparation of such returns was limited            
          to providing Mr. Korchak with any Form W-2 and IRS information              
          returns that she received as well as any other tax-related                  
          information that she had.                                                   




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