- 14 - could not substantiate the expenses in court 6 years later. See Kaye v. Commissioner, supra; Feldman v. Commissioner, T.C. Memo. 1993-17, affd. 20 F.3d 1128 (11th Cir. 1994). Thus, for the omitted income and deduction items we hold that petitioner has failed to demonstrate a substantial understatement of tax attributable to grossly erroneous items of her spouse alone. The constructive dividend was attributable to both petitioner and her husband, and the disallowed deductions were not shown to have no basis in fact or law. Issue 2. Whether Petitioner Knew, or Had Reason to Know, that There Was a Substantial Understatement of Tax Petitioner knew, or had reason to know, of the substantial understatement of tax when she signed the 1989 tax return. Sec. 6013(e)(1)(C). The U.S. Court of Appeals for the Second Circuit, to which this case is appealable, has adopted the test for knowledge espoused in Price v. Commissioner, 887 F.2d 959 (9th Cir. 1989). Hayman v. Commissioner, 992 F.2d at 1261. We follow the Court of Appeals for the Second Circuit's position in the ensuing discussion under the Golsen rule. Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Price articulates two slightly different burdens for a taxpayer to overcome in determining whether a putative innocent spouse knew, or had reason to know, of the substantial understatement, depending on whether the issue concerns aPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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