Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 30

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          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.             







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