- 25 - 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 claimingPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011