Stewart E. Fason and Jana K. Fason - Page 9

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          excess of $500 and the percentage-of-adjusted-gross-income rules            
          do not apply.  Sec. 6013(e)(3) and (4)(E).                                  
               Although the overstatement of cost of goods sold creates a             
          substantial understatement of tax attributable to a grossly                 
          erroneous item, we must examine the remaining elements of section           
          6013(e), i.e., sec. 6013(e)(1)(C), (D), to determine whether                
          petitioner can claim innocent spouse status for the liabilities             
          arising from this item.                                                     
               The knowledge test, under section 6013(e)(1)(C), 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.  A spouse has “reason to               
          know” of an understatement if:                                              
               a reasonably prudent taxpayer under the circumstances                  
               of the alleged innocent spouse at the time of signing                  
               the return could be expected to know that the tax                      
               liability stated was erroneous or that further                         
               investigation was warranted.  * * *  [Park v.                          
               Commissioner, 25 F.3d at 1293 (citing Sanders v. United                
               States, 509 F.2d 162, 166-167 & n.5 (5th Cir. 1975)).]                 
          The primary ingredients of this test are (1) the circumstances              
          which face the taxpayer; and (2) whether a reasonable person in             
          the same position would have reason to know that omissions had              
          been made.  Shea v. Commissioner, 780 F.2d 561, 565-566 (6th Cir.           
          1986), affg. in part and revg. in part T.C. Memo. 1984-310.                 
          Whether an individual had reason to know of a substantial                   
          understatement is generally regarded as a question of fact.  Id.;           
          Estate of Gryder v. Commissioner, 705 F.2d 336 (8th Cir. 1983),             




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