- 7 - deceit concerning the couple’s finances. Price v. Commissioner, supra; Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63. A spouse cannot obtain the benefits of innocent spouse protection “<by simply turning a blind eye to--by preferring not to know of--facts fully disclosed on a return, of such a large nature as would reasonably put such spouse on notice that further inquiry needs to be made.’” Price v. Commissioner, supra at 965- 966 (quoting Levin v. Commissioner, T.C. Memo. 1987-67). If a duty of inquiry arises and is not satisfied by the spouse, then constructive knowledge of the understatement may be imputed to that spouse. Price v. Commissioner, supra. As set out above, in this case, the tax returns signed by Mrs. Barnhill, during some of the years in which substantial improvements were being made to petitioners’ personal residence, claimed substantial losses and reported large negative amounts of adjusted gross income. A reasonably prudent taxpayer in Mrs. Barnhill’s situation would thus have been put on notice of and would have had a duty to inquire about the claimed tax losses. Because she failed even to look at the returns that she signed, Mrs. Barnhill failed to satisfy her duty of inquiry. Cf. Pietromonaco v. Commissioner, 3 F.3d 1342 (9th Cir. 1993), revg. T.C. Memo. 1991-361, in which the Court of Appeals for the Ninth Circuit concluded that, even if the wife had reviewed the return in question, the difference between the reported expenditures andPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011