Rosemarie Meyer - Page 20

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          knowledge for purposes of the innocent spouse provisions.                   
          Petitioner relies too heavily on these factors which, in any                
          event, are derived from her self-serving testimony.  The level of           
          education and level of participation in business and family                 
          affairs do not themselves confer innocent spouse status; rather,            
          they are relevant to whether, at the time of signing the return,            
          a reasonably prudent taxpayer in the spouse's circumstance could            
          be expected to know that the tax liability as stated was                    
          erroneous or that further investigation was warranted.  Sanders             
          v. United States, 509 F.2d 162, 166-167 n.5 (5th Cir. 1975).                
               The fact petitioner possessed only a high school diploma               
          does not automatically disqualify her from having "reason to                
          know" of the substantial understatement.  See Langberg v.                   
          Commissioner, T.C. Memo. 1994-223.  Moreover, contrary to                   
          petitioner's argument, the duty of inquiry is not obviated by her           
          lack of familiarity with the Federal tax laws or her reliance on            
          her husband's familiarity with their finances and Federal tax               
          laws.  Hayman v. Commissioner, 992 F.2d at 1262; Park v.                    
          Commissioner, supra.  A reasonably prudent taxpayer in Mrs.                 
          Meyer's position would have questioned the legitimacy of the                
          deduction.  Petitioner handled payment of all the household                 
          expenses and presumably knew the amount of income it took to run            
          the household.  See Resser v. Commissioner, supra at 1538; Price            
          v. Commissioner, 887 F.2d at 965; Prince v. Commissioner, T.C.              
          Memo. 1995-368; Langberg v. Commissioner, T.C. Memo. 1994-223.              




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