- 20 - revg. T.C. Memo. 1991-361; Guth v. Commissioner, supra at 443; Price v. Commissioner, supra at 961-962. Respondent concedes herein that Mr. Makalintal and petitioner filed joint Federal income tax returns for 1986, 1987, and 1988 and that any substantial understatements of tax reflected thereon (relating to Mr. Makalintal’s sale of his ICPI stock and to the deposits into Mr. Makalintal and petitioner’s bank accounts) are attributable to grossly erroneous items of Mr. Makalintal. Respondent, however, argues that petitioner knew or had reason to know of substantial understatements of tax relating to the above items and that it would not be inequitable to hold petitioner liable therefor. Generally, the question of whether a spouse knew or had reason to know of a substantial understatement is governed by whether "a reasonably prudent taxpayer under the circumstances of the 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." Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63; see Griner v. Commissioner, 951 F.2d 360 (9th Cir. 1991), affg. without published opinion T.C. Memo. 1990-301; Bokum v. Commissioner, 94 T.C. 126, 148 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). The standard is based on a reasonably prudent taxpayer in the particular circumstances of the taxpayer involved in the case. Pietromonaco v. Commissioner, supra at 1345.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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