John P. Crowley and Elizabeth R. Cockrell - Page 12

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          therefore is not entitled to relief as an innocent spouse.  We              
          agree.                                                                      
               The Court of Appeals for the Second Circuit, the court to              
          which an appeal in the instant case would lie, interprets                   
          subsection 6013(e)(1)(C) as requiring a taxpayer to establish               
          that "'she [or he] did not know and did not have reason to know             
          that the deduction would give rise to a substantial                         
          understatement.'"  Hayman v. Commissioner, 992 F.2d 1256, 1261              
          (2d Cir. 1993), (quoting Price v. Commissioner, 887 F.2d 959, 963           
          (9th Cir. 1989), revg. an Oral Opinion of this Court), affg. T.C.           
          Memo. 1992-228.                                                             
               Turning to the facts of the instant case, respondent                   
          contends that petitioner knew that the deductions in issue would            
          give rise to substantial understatements when she signed the                
          returns for the taxable years in issue.  Respondent relies                  
          primarily on the testimony of Robert Kraft to support such                  
          contention.  During the trial of the instant case, Mr. Kraft                
          testified that he had received a law degree from Georgetown                 
          University Law Center.  At a subsequent hearing, Mr. Kraft                  
          admitted that he has never received a law degree.  In light of              
          Mr. Kraft's admission, we regard his testimony as inherently                
          untrustworthy and, therefore, do not accept his testimony.                  
          Respondent also argues that, because petitioner was a stockbroker           
          who had passed the "series seven" stockbroker examination prior             
          to the time she signed the returns in issue, she must have been             




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