- 51 - 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.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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