Sherry P. Aude - Page 14

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          validity of the deductions for the investment, but Mr. Gruys did            
          talk to Mr. Aude, in passing, about this.                                   
               Considering the evidence and finding petitioner to be a                
          credible witness, we find that petitioner was uninformed about              
          the nature of the Magnum investment.8  We find that petitioner              
          did not have actual knowledge that the deductions attributable to           
          the Magnum investment would result in the substantial                       
          understatements of tax on petitioner's income tax returns for the           
          years at issue.                                                             
               Section 6013(e)(1)(C) also requires that the petitioner                
          establish that she did not have reason to know that there was               
          such substantial understatement.  Whether an alleged innocent               
          spouse had reason to know of a substantial understatement is a              
          question of fact that must be determined based upon the entire              
          record.  Guth v. Commissioner, 897 F.2d at 442; Terzian v.                  

               8  Respondent contends that it is obvious that petitioner              
          "had previously asked questions concerning the Magnum investment,           
          that she knew a substantial number of facts pertaining to the               
          investment, and that she possessed both the ability and the                 
          opportunity to have asked more questions of those knowledgeable             
          about the shelter, namely the Magnum salesman as well as her own            
          CPA, Mr. Gruys."   In making this assertion, respondent relies on           
          petitioner's following response:  "It was after being educated by           
          Mr. Cutler [petitioner's attorney], that we should have been                
          advised that this was not a good investment, that I was angry               
          that I had been such a fool, and not asked more questions."                 
          While respondent asserts that petitioner obviously knew of the              
          investment, we do not find that this statement shows that                   
          petitioner had the ability or opportunity to ask about the                  
          investment.  The response indicates that petitioner did not know            
          the nature of the investment until years after the tax years at             
          issue; thus, the statement by petitioner does not obviously lead            
          to respondent's conclusion.                                                 




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