Carl E. Jones and Elaine Y. Jones - Page 62

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            the bad debt loss, therefore, is not due to a grossly erroneous                           
            item.  Accordingly, Mrs. Jones is not entitled to innocent spouse                         
            status with regard to this adjustment.                                                    
                  Knowledge of Understatements on the Returns                                         
                  To be entitled to relief as an innocent spouse, Mrs. Jones                          
            must show that, in signing the joint returns for the years in                             
            issue, she did not know and had no reason to know of the                                  
            substantial understatements of tax.  Sec. 6013(e)(1)(C).                                  
                  In Stevens v. Commissioner, supra, the Court of Appeals for                         
            the Eleventh Circuit, in refusing to grant innocent spouse                                
            relief, approved our application of its "reason to know"                                  
            standard.  The Court of Appeals stated that the "reason to know"                          
            standard is based on 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."  Id. at                           
            1505; see also Sanders v. United States, 509 F.2d 162 (5th Cir.                           
            1975).  The test establishes a "duty of inquiry" on the part of                           
            the alleged innocent spouse.  Stevens v. Commissioner, supra.  As                         
            pointed out in Mysse v. Commissioner, 57 T.C. 680, 699 (1972), a                          
            spouse cannot close her eyes to facts that might give her reason                          
            to know of unreported income.  Furthermore, the alleged innocent                          
            spouse's role as homemaker and complete deference to the                                  
            husband's judgment concerning the couple's finances, standing                             
            alone, are insufficient to establish that a spouse had no "reason                         
            to know."  Stevens v. Commissioner, supra at 1506.                                        



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