- 18 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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