- 16 - (quoting Price v. Commissioner, supra at 965); Stevens v. Commissioner, 872 F.2d 1499, 1505 n.8 (11th Cir. 1989), affg. T.C. Memo. 1988-63. This test applies to both omissions from income and erroneous deductions. Stevens v. Commissioner, supra at 1505 n.8. Four factors considered relevant to the "reason to know" test are: (1) The relief-seeking spouse's level of education; (2) the relief-seeking spouse's level of participation in family and business affairs; (3) the presence of expenditures that appear lavish or unusual when compared with the family's past levels of income, standard of living, and spending patterns; and (4) the culpable spouse's evasiveness and deceit concerning the couple's finances. Friedman v. Commissioner, 53 F.3d at 531- 532 (citing Hayman v. Commissioner, 992 F.2d at 1261); Price v. Commissioner, supra at 965. No single factor or set of factors is dispositive. This Court does not make a determination merely by adding factors favoring petitioner's position; rather, the test is a subjective one. Guth v. Commissioner, 897 F.2d 441, 444 (9th Cir. 1990), affg. T.C. Memo. 1987-522; see Langberg v. Commissioner, supra. In both omitted income and erroneous deduction cases, spouses who fail to read the returns before signing them are nonetheless charged with constructive knowledge of their contents. Hayman v. Commissioner, 992 F.2d at 1262. The Court will not excuse a petitioner who neglects to review a return that she signed under penalties of perjury. Terzian v. Commissioner,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011