William C. and Elaine Gaskins - Page 36

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            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 and                               



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