- 30 - she had signed the tax return, then "she would have seen the $1,600,000 loss from State Coal claimed on the face of the return and noticed that the return reported zero tax liability." Petitioners maintain that respondent vastly overstates Nancy's financial role in the Silverman marriage, and that Nancy's testimony about her lack of actual knowledge is reliable and uncontradicted. Petitioners also maintain that Nancy did not have any knowledge which should have led her to realize that there might be a tax problem and that she should ask Sheldon about it. Finally, petitioners maintain that respondent's focus on what Nancy would have seen if she had signed the 1981 tax return is irrelevant because in fact Nancy did not see and did not sign the 1981 tax return. We agree with petitioners that Nancy did not know, and had no reason to know, of the understatement in tax. In Bokum v. Commissioner, 94 T.C. at 148, we set forth our position as follows: The standard to be applied in determining whether a putative innocent spouse has "reason to know," under section 6013(e)(1)(C) is whether a "reasonably prudent taxpayer under the circumstances of the spouse * * * could be expected to know that the tax liability stated was erroneous or that further investigation was warranted." Stevens v. Commissioner, 872 F.2d at 1505 (fn. ref. omitted); Shea v. Commissioner, 780 F.2d 561, 566 (6th Cir. 1986), affg. on this issue and revg. on another issue * * * [T.C. Memo. 1984-310]. This standard applies to deduction, etc., matters, as well as income matters. 872 F.2d at 1505 n.8.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011