Floyd L. Garrett and Dorothy G. Garrett - Page 25

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          with regard to granting innocent spouse relief.  See, e.g.,                 
          Stiteler v. Commissioner, T.C. Memo. 1995-279, affd. without                
          published opinion 108 F.3d 339 (9th Cir. 1997); Foley v.                    
          Commissioner, T.C. Memo. 1995-16; Buchine v. Commissioner, T.C.             
          Memo. 1992-36, affd. 20 F.3d 173 (5th Cir. 1994); Henninger v.              
          Commissioner, T.C. Memo. 1991-574; Knapp v. Commissioner, T.C.              
          Memo. 1988-109.  The degree to which Mr. Garrett's promise                  
          influences the inequity of holding Mrs. Garrett liable depends              
          upon whether his promise is reliable or speculative.  Stiteler v.           
          Commissioner, supra.  Mrs. Garrett has not demonstrated that Mr.            
          Garrett would not honor his obligation to pay the underlying tax            
          deficiencies for the years in issue.  Furthermore, the indemnity            
          agreement provides for a lien against Mr. Garrett's muscle car              
          collection until such time as the Federal income tax liability              
          has been fully discharged and released.11                                   
               In addition to demonstrating that it would be inequitable to           
          hold her liable for any deficiency, Mrs. Garrett must also show             
          that she had no reason to know of the understatement.  As to                
          having reason to know, the standard is whether "a reasonably                
          prudent taxpayer under the circumstances of the spouse at the               
          time of signing the return could be expected to know that the tax           
          liability stated was erroneous or that further investigation was            
          warranted."  Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th             


               11Mr. Garrett testified that, at the time of trial, he has             
          over $3 million invested in a total of 64 muscle cars.                      




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