-11- 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 taxpayerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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