Lesley J. Smith, a.k.a. Lesley J. Scott - Page 27




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          1989), affg. T.C. Memo. 1988-63; Butler v. Commissioner, 114 T.C.           
          276, 284 (2000); Flynn v. Commissioner, 93 T.C. 355, 365-366                
          (1989).                                                                     
               Petitioner was not involved in managing her family’s                   
          finances, making financial decisions for her family, or the                 
          reporting of any tax consequences of financial decisions that               
          were claimed in the joint tax returns. Mr. Scott prepared the               
          Scotts’ Federal income tax returns for all years they were                  
          married.  Mr. Scott was an accountant who worked for an                     
          accounting firm and who prepared returns for other taxpayers.               
          Petitioner, by contrast, had a high school education and worked             
          part time as a substitute clerk or secretary and a shipper.  She            
          never prepared a tax return.                                                
               Petitioner never questioned Mr. Scott about the returns and            
          never questioned that he would pay the taxes reported on the                
          returns.  It appears that, while money had always been tight, Mr.           
          Scott had paid the taxes shown as owed on the returns for all the           
          15 years of the Scotts’ marriage before the years at issue.                 
               The liability for 1990 arises from a deficiency attributable           
          to the disallowance of deductions related to the Scotts’ Karnival           
          Klassics activity.  Mr. Scott kept the records for that activity.           
          He presented the joint return to petitioner and told her where to           
          sign.  He did not give petitioner the opportunity to examine the            
          1990 Schedule C, Profit or Loss from Business, for Karnival                 







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