- 36 - tax. Sec. 6013 (e)(1)(C). The record clearly shows that Mrs. Gaskins had no actual knowledge of any understatement of Mr. Gaskins' income and the resulting substantial understatement of tax. The question is whether she had reason to know about such understatement. A spouse has "reason to know" if a reasonably prudent taxpayer under the taxpayer's circumstances at the time of signing of the return could be expected to know the return was erroneous or that further investigation was warranted. Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir. 1989), affg T.C. Memo. 1988-63; Bokum v. Commissioner, 94 T.C. at 148. A taxpayer cannot close her eyes to facts or unusual expenditures that might give her reason to know of unreported income and a substantial understatement of tax.5 Terzian v. Commissioner, 72 T.C. 1164, 1170-1171 (1979); Mysse v. Commissioner, 57 T.C. 680, 699 (1972). If a spouse knows enough facts to be put on notice of the possibility of a substantial understatement, she has a duty to inquire further. Guth v. Commissioner, 897 F.2d 441, 444-445 (9th Cir. 1990), affg. T.C. Memo. 1987-522; Weiss v. Commissioner, T.C. Memo. 1995-70. Failure to inquire may cause knowledge of the understatement to be imputed to the taxpayer. Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989) (citing Levin v. Commissioner, T.C. Memo. 1987-67); McCoy v. Commissioner, 57 T.C. 732, 734 (1972). Factors to be considered in determining whether the spouse had reason to know are the alleged innocent spouse's level of education; the spouse's involvement in the family's business andPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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