- 25 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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