- 15 - disallowed deduction or an item of omitted income. Price v. Commissioner, 887 F.2d at 963. For disallowed deductions, the taxpayer must establish that "she [or he] did not know and did not have reason to know that the deduction would give rise to a substantial understatement." Id. In cases involving the omission of income, a slightly higher hurdle for the taxpayer exists: the relief-seeking spouse must show that she did not know, and should not have known, of an income-producing transaction that her spouse failed to report on their joint return, thus giving rise to the substantial understatement. Hayman v. Commissioner, 992 F.2d at 1261; see Langberg v. Commissioner, T.C. Memo. 1994-223. The Court of Appeals for the Second Circuit in Friedman succinctly stated the rationale for the differing standards: "[A]pplying the omission of income test to cases involving the disallowance of deductions would eviscerate the innocent spouse defense, since merely looking at the tax return informs the spouse of the transaction * * * that gave rise to the deduction." Friedman v. Commissioner, 53 F.3d at 530. With respect to a taxpayer's "reason to know", courts tend to use a test possessing both subjective and objective components: whether a "'reasonably prudent taxpayer in * * * [taxpayer's] position at the time she signed the return could be expected to know that the return contained the substantial understatement.'" Hayman v. Commissioner, 992 F.2d at 1261Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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