John P. Crowley and Elizabeth R. Cockrell - Page 13

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          exposed to the mechanics of commodities straddle transactions.              
          Respondent, therefore, contends that petitioner knew that the               
          deductions claimed on the returns for the taxable years in issue            
          would give rise to substantial understatements.  Nothing in the             
          record, however, establishes that petitioner's studies or her               
          work as a stockbroker exposed her to the intricacies of                     
          commodities straddle transactions.10  Accordingly, we find that             
          petitioner, when she signed the returns for the taxable years in            
          issue, did not have actual knowledge that the deductions would              
          give rise to the substantial understatements.                               
               Even if a taxpayer does not have actual knowledge that                 
          deductions claimed on a return would give rise to a substantial             
          understatement, a taxpayer who has reason to know of such an                
          understatement is not entitled to innocent spouse relief.  Sec.             
          6013(e)(1)(C).  At the trial of the instant case, petitioner                
          admitted that she signed the returns for the taxable years in               
          issue without reviewing them.  Nevertheless, she is charged with            
          constructive knowledge of their contents.  Hayman v.                        
          Commissioner, supra at 1262.  Petitioner was educated and should            


          10                                                                          
               At trial, respondent offered the testimony of several                  
          witnesses in an attempt to establish that the brokerage firm at             
          which petitioner was employed during 1980 and 1981 routinely                
          taught its stockbroker trainees about commodities straddle                  
          transactions.  The testimony of respondent's witnesses, however,            
          does not establish that petitioner received detailed instruction            
          concerning commodities straddle transactions as a part of her               
          training.                                                                   




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