Lloyd E. Dawson, Jr. - Page 15

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          prevents a taxpayer from qualifying for relief as an innocent               
          spouse.  Park v. Commissioner, supra at 1292; Purcell v.                    
          Commissioner, 826 F.2d 470, 473 (6th Cir. 1987), affg. 86 T.C.              
          228 (1986); Bokum v. Commissioner, 94 T.C. 126, 138 (1990), affd.           
          992 F.2d 1132 (11th Cir. 1993).  In the instant case, the parties           
          stipulated that petitioner filed a joint return with Ms. Dawson             
          for 1988, notwithstanding that the signature on the return                  
          purporting to be petitioner’s is not in fact his.5  Respondent              
          also concedes that there was a substantial understatement of tax            
          attributable to grossly erroneous items of Ms. Dawson on the                
          return.  Respondent contends, however, that petitioner knew or              
          had reason to know of the substantial understatement and that it            
          is not inequitable to hold petitioner liable for the deficiency             
          attributable to the substantial understatement.                             
               The knowledge test, as stated above, requires a taxpayer to            
          show that, at the time of signing a joint return, he or she did             
          not know and had no reason to know of the substantial                       
          understatement of tax on the return.  The relevant knowledge is             
          of the transaction giving rise to the income omitted from the               
          return, rather than of the tax consequences of such transaction.            

          5                                                                           
               The failure of one spouse to sign a return does not prevent            
          such return from being considered a joint return if the                     
          nonsigning spouse intended to file a joint return.  See Shea v.             
          Commissioner, 780 F.2d 561, 567 (6th Cir. 1986), affg. in part              
          and revg. and remanding in part T.C. Memo. 1984-310; Estate of              
          Campbell v. Commissioner, 56 T.C. 1, 12 (1971).                             





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