- 14 - validity of the deductions for the investment, but Mr. Gruys did talk to Mr. Aude, in passing, about this. Considering the evidence and finding petitioner to be a credible witness, we find that petitioner was uninformed about the nature of the Magnum investment.8 We find that petitioner did not have actual knowledge that the deductions attributable to the Magnum investment would result in the substantial understatements of tax on petitioner's income tax returns for the years at issue. Section 6013(e)(1)(C) also requires that the petitioner establish that she did not have reason to know that there was such substantial understatement. Whether an alleged innocent spouse had reason to know of a substantial understatement is a question of fact that must be determined based upon the entire record. Guth v. Commissioner, 897 F.2d at 442; Terzian v. 8 Respondent contends that it is obvious that petitioner "had previously asked questions concerning the Magnum investment, that she knew a substantial number of facts pertaining to the investment, and that she possessed both the ability and the opportunity to have asked more questions of those knowledgeable about the shelter, namely the Magnum salesman as well as her own CPA, Mr. Gruys." In making this assertion, respondent relies on petitioner's following response: "It was after being educated by Mr. Cutler [petitioner's attorney], that we should have been advised that this was not a good investment, that I was angry that I had been such a fool, and not asked more questions." While respondent asserts that petitioner obviously knew of the investment, we do not find that this statement shows that petitioner had the ability or opportunity to ask about the investment. The response indicates that petitioner did not know the nature of the investment until years after the tax years at issue; thus, the statement by petitioner does not obviously lead to respondent's conclusion.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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