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in this case, Philip's promise to pay is not considered reliable.
See Foley v. Commissioner, T.C. Memo. 1995-16.
Based on the record, we find that petitioner has shown that
she did not benefit beyond the amount of her normal support,
either directly or indirectly, from the understatement of tax
attributable to the grossly erroneous deductions. Accordingly,
we find that, if petitioner did not know and had no reason to
know, as the U.S. Court of Appeals for the Second Circuit found,
it would be inequitable to hold petitioner liable for the portion
of the deficiencies and additions to tax attributable to these
tax shelter items. Based on our findings and in accordance with
the holding of the U.S. Court of Appeals for the Second Circuit,
we find that petitioner is an innocent spouse within the meaning
of section 6013(e) as to the deficiencies in income tax and
additions to tax attributable to the tax shelter items only.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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