Sherry P. Aude - Page 25

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          into signing the returns, she was intimidated by Mr. Aude because           
          she feared being physically abused if she refused.  Petitioner              
          testified that she didn't have "any right" to question Mr. Aude,            
          and if she did, she feared she "would be physically attacked."              
          From this, she learned that she had to skirt issues with Mr.                
          Aude, or face his wrath.  Petitioner testified that if she "had             
          not felt intimidated by [Mr. Aude], [she] might have had the                
          option of going through" the returns.  We find this to be a                 
          factor explaining why petitioner did not review or inquire about            
          the returns.                                                                
               Considering all of the circumstances, we conclude that                 
          petitioner did not know facts that put her "on notice" of the               
          understatement.  We find that a reasonably prudent person under             
          petitioner's circumstances, at the time of signing the returns,             
          could not be expected to know that Mr. Aude's deductions would              
          give rise to a substantial understatement of tax or that further            
          investigation was warranted.  Petitioner has satisfied the                  
          section 6013(e)(1)(C) requirement.                                          
          Section 6013(e)(1)(D) Equitable Considerations                              
               The final question is whether, taking into account the facts           
          and circumstances, it would be inequitable to hold petitioner               
          liable for deficiencies attributable to the substantial                     
          understatements.  Sec. 6013(e)(1)(D); see sec. 1.6013-5(b),                 
          Income Tax Regs.  Relevant factors include significant benefits             
          received as a result of the understatement of the spouse claiming           




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Last modified: May 25, 2011