Sherburne M. Edmondson, Jr. and Diane L. Edmondson - Page 11

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          Moreover, some of the disallowed items are attributable to                  
          petitioner.                                                                 
               We have observed that respondent's agreement to a compromise           
          settlement may suggest that the deductions claimed on a return were         
          less than grossly erroneous. See, e.g., Crowley v. Commissioner,            
          T.C. Memo. 1993-503; Anthony v. Commissioner, T.C. Memo. 1992-133;          
          Neary v. Commissioner, supra.  Here, respondent agreed in the               
          settlement stipulation to allow a portion of the Edmondsons' 1988           
          Schedule C deductions. Further, respondent conceded the                     
          inapplicability of the section 6653(a)(1) addition to tax, and              
          although the settlement stipulation denies the deferral of gain on          
          the sale of the Seattle house in its entirety, we do not believe the        
          mischaracterization of this item constitutes a grossly erroneous            
          item within the purview of section 6013(e)(2). See Winnett v.               
          Commissioner, 96 T.C. 802, 810-811 (1991). Thus, we reject                  
          petitioner's argument that the substantial understatement of tax was        
          attributable solely to Mr. Edmondson's grossly erroneous items.             
               Petitioner did not satisfy this second requirement.                    
               B.  Knowledge of the Substantial Understatement                        
               Assuming however, arguendo, that petitioner satisfied the              
          second requirement, she still is not entitled to innocent spouse            
          status because she failed to prove that she did not know, and had           
          no reason to know, of the substantial understatement of tax.                
               Whether a spouse knew or had reason to know of a substantial           
          understatement depends on whether "a reasonably prudent taxpayer            




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