Estate of Mark R. Woodward, Deceased, Lillian H. Woodward, Executrix, and Lillian H. Woodward - Page 11

          2.   Knowledge or Reason to Know of the Substantial                         
               Understatement                                                         
               Petitioner must show that she did not know or have reason to           
          know of the substantial understatements attributable to her                 
          husband's tax shelter investment when she signed the 1983 return            
          and application for refund filed in 1984.                                   
               a.   Actual Knowledge                                                  
               We must first decide whether petitioner had actual knowledge           
          of the understatements when she signed the 1983 return and the              
          application for refund.  Respondent does not contend that                   
          petitioner knew about the understatements at that time.  The                
          record does not contain any evidence indicating that petitioner             
          had actual knowledge of the understatements.  Thus, we find that            
          petitioner did not have actual knowledge of the understatements             
          when she signed the 1983 return and application for refund.                 
               b.   Reason to Know                                                    
               We must next decide whether petitioner had reason to know of           
          the substantial understatements of income tax when she signed the           
          1983 return and application for refund filed in 1984.  Respondent           
          contends that petitioner had reason to know of the                          
          understatements caused by the Saxon investment tax credit                   
          carrybacks.  For the following reasons, we agree with respondent            
          that petitioner had reason to know of the substantial                       
          understatements of tax at the critical time, and that, therefore,           
          petitioner does not qualify for relief as an innocent spouse.               
               The standard to be applied in determining whether a taxpayer           
          "had reason to know" is whether a reasonably prudent person under           



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