A: Well, because I wouldn't have understood it in the first place. Q: So you didn't have a problem with that arrangement, that he was not hiding things from you, he was just -- A: No. I trusted him and he trusted me. Petitioner chose to rely on Mr. Woodward regarding financial matters. (v) Large deductions or credits that substantially eliminate taxable income This factor is particularly significant in this case. Large deductions or credits, particularly those that completely or substantially eliminate taxable income, may give a taxpayer reason to know that an understatement exists or a duty to inquire as to the legitimacy of the deduction or credit. Pettinato v. Commissioner, supra. By failing to examine the 1983 return and the application for refund, petitioner chose to ignore facts that would have given her reason to know of the substantial understatements. Even the most cursory perusal of the application for refund would have revealed claims for refunds for all Federal income taxes paid in 1980 and 1981. A reasonably prudent person in petitioner's position would have certainly questioned the legitimacy of these refunds. Petitioner, by declining to do so, failed in her duty of inquiry. By failing her duty of inquiry, petitioner is charged with constructive knowledge of the substantial understatements appearing in the income tax returns. See Park v. Commissioner, 25 F.3d 1289, 1299 (5th Cir. 1994) ("by signing the return * * * [the putative innocent spouse] undertook responsibility for itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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