John P. Crowley and Elizabeth R. Cockrell - Page 18

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          instant case, we conclude that, at the time she signed the                  
          returns for the taxable years in issue, petitioner had reason to            
          know of the substantial understatements in issue.                           
               Petitioner contends that the Court of Appeals' decision in             
          Friedman v. Commissioner, supra, "limits" Hayman v. Commissioner,           
          supra, with respect to the "reason to know" requirement of                  
          subsection 6013(e)(1)(C).  Petitioner interprets the Court of               
          Appeals' decision in Friedman v. Commissioner, supra, to mean               
          that the mere fact that a large deduction was claimed from an               
          investment partnership does not cause the alleged innocent spouse           
          to have reason to know of the substantial understatement, where             
          the spouse relied upon representations from her husband that such           
          deduction was proper and where the taxpayer was not very                    
          sophisticated in financial matters.  According to petitioner,               
          when she signed the tax returns for the taxable years in issue,             
          she was young and very unsophisticated in financial matters,                
          having just arrived from Canada.                                            


          14(...continued)                                                            
               rests on liability, not guilt.  An innocent spouse                     
               within the meaning of [sec. 6013(e)] is innocent vis-a-                
               vis a guilty spouse whose income is concealed from the                 
               innocent and spent outside the family.  [Bliss v.                      
               Commissioner, 59 F.3d 374, 380 n.3 (2d Cir. 1995),                     
               affg. T.C. Memo. 1993-390.]                                            
          As in Bliss v. Commissioner, supra, there is no evidence in the             
          record that suggests that Mr. Crowley was evasive or deceitful              
          with respect to their finances or that he attempted to conceal              
          the fact that he had engaged in commodities straddle                        
          transactions.                                                               




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