Rhonda K. Juell, a.k.a. Rhonda K. Juell-Podlak, Petitioner, and Glenn M. Evans - Page 14




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               In McKnight v. Commissioner, supra, erroneous items were               
          attributed entirely to the nonelecting spouse, even though the              
          electing spouse signed organizational documents relating to the             
          investment and was listed as a director.  We noted that the                 
          spouse signed the documents at her husband’s insistence, after              
          assurances from him that he was sole owner of the business and              
          without awareness on her part of the legal significance.                    
               On the facts before us, petitioner more closely resembles              
          the spouses who were granted relief in Rowe v. Commissioner,                
          supra, and Buchine v. Commissioner, supra.  Petitioner                      
          participated in the Hoyt partnerships in name only.  Petitioner             
          repeatedly objected to Glenn’s involvement in the Hoyt                      
          partnerships.  Petitioner never agreed to invest in the Hoyt                
          partnerships, and petitioner signed Hoyt documents solely because           
          of Glenn’s representations and insistence and without being aware           
          of the legal significance thereof.                                          
               At no time did petitioner invest any of her funds in the               
          Hoyt partnerships.  Petitioner did not attend any meetings, make            
          any contact, or read any promotional materials.  Glenn made all             
          payments to the Hoyt partnerships from his separate accounts,               
          accounts to which petitioner had no access.  Mail relating to the           
          Hoyt partnerships was left unopened for Glenn.                              
               Respondent argues that introductory language in the closing            
          agreement petitioner entered into with respondent constitutes an            
          admission by petitioner that she was a partner in and agreed to             





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