Rosemarie Meyer - Page 14

                                       - 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 a                   





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011