- 15 - Under section 6013(e)(1)(C), Mrs. Streck must establish that in signing the tax returns for the years in issue, she did not know, and had no reason to know, there was a substantial understatement. The standard to be applied in determining whether a taxpayer "had reason to know" is whether a reasonably prudent person with knowledge of the facts possessed by the person claiming innocent spouse status should have been alerted to the possibility of a substantial understatement. Shea v. Commissioner, 780 F.2d 561, 566 (6th Cir. 1986), affg. in part and revg. in part T.C. Memo. 1984-310; Flynn v. Commissioner, 93 T.C. 355, 365 (1989). Three factors are significant in determining whether a spouse had reason to know of an understatement of tax: (1) Participation in business affairs or bookkeeping by the alleged innocent spouse, Quinn v. Commissioner, 62 T.C. 223, 229-230 (1974), affd. 524 F.2d 617 (7th Cir. 1975), (2) the culpable spouse's refusal to be 14(...continued) deductions disallowed are attributable to grossly erroneous items of Mr. Streck. Sec. 6013(e)(2)(B) defines "grossly erroneous items" as "any claim of a deduction, credit, or basis * * * for which there is no basis in fact or law." Mrs. Streck must prove that the disallowed deductions have no basis in fact or law. Flynn v. Commissioner, 93 T.C. 355, 360 (1989). Mrs. Streck failed to establish that the deductions disallowed by respondent were frivolous, fraudulent, or phony. Id. at 364. Both Mr. and Mrs. Streck argued that the deductions related to Double D Ranch, Inc., are valid business expenses. As previously indicated, petitioners failed to produce evidence of the amount and nature of the expenses of Double D Ranch, Inc., that were disallowed. We find that Mrs. Streck has not proven that any of the deductions were grossly erroneous items.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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