- 40 - 2. Knowledge or Reason to Know Petitioner must establish “that * * * she did not know, and had no reason to know, that there was * * * [a] substantial understatement” on the 1979 joint return. Sec. 6013(e)(1)(C). Respondent does not contend that petitioner had actual knowledge of the understatements on the 1979 return nor would the record support a contention to that effect. Petitioner did not have actual knowledge of the understatement at the time the 1979 return was signed. We now turn to whether petitioner had reason to know of the substantial understatement of income tax on the 1979 joint return. Respondent contends that petitioner did have reason to know. We disagree.17 17 Respondent relies heavily on a letter dated Nov. 25, 1985, that Mr. Heitzman wrote to the Atlanta Appeals Office in response to a request for information from him concerning petitioner. In that letter, Mr. Heitzman stated that he and petitioner “reviewed very carefully any investment either one of us made during our marriage”. At trial in the case at hand, Mr. Heitzman recanted what he wrote in the letter. Mr. Heitzman wrote that letter less than 2 years after he and petitioner were divorced. In 1985, Mr. Heitzman was still very bitter over the failure of his marriage with petitioner. Compounding Mr. Heitzman’s bitterness was the bankruptcy of both of his businesses because of the death of his partner, who was also one of his major financial backers, and the financial failure of his other major financial backer. To make matters worse, Mr. Heitzman was also in the early stages of litigation concerning the deficiency arising from the Stonehurst deductions that eventually culminated in the decision in Heitzman v. Commissioner, supra. He also had not yet been discharged from bankruptcy and may well have hoped for contribution from petitioner irrespective of the “hold harmless” clause in the divorce settlement agreement. (continued...)Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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