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evasiveness and deceit concerning the couple’s
finances. [Id.; citation omitted]
Here, the degree of involvement suggested by the documentary
record, in the absence of any credible countervailing testimony
by Mrs. Richardson, is fatal to her claim. Mrs. Richardson was a
director of HGAMC and a trustee of HGRCT. She executed each of
the documents involved in establishing and operating the
entities, including the agreements between HGAMC and Asset
Protection Services pertaining to Mr. Richardson’s services. She
signed the minutes for each of the dozens of board meetings,
which recounted in notable detail purported activities of the
entities. Perhaps even more importantly, Mr. Richardson
testified at trial that Mrs. Richardson attended all of the
meetings where those matters were discussed. The Forms 990-PF
claim that Mrs. Richardson devoted 2 hours per week to her work
as trustee for HGRCT. Mrs. Richardson also possessed signatory
authority over entity bank accounts. There is no indication of
any evasiveness toward Mrs. Richardson on Mr. Richardson’s part;
rather, Mrs. Richardson was apparently welcomed as a participant
in the HGAMC and HGRCT arrangement.
Despite the above evidence, petitioners contend on brief
that Mrs. Richardson “was undergoing treatment for cancer and was
unable to work for the entire 1997 tax year. She is 69 years
old, works as a medical assistant and has a high school
education.” They also make reference to her being “unschooled in
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