Debra L. Streck and Donald W. Streck - Page 15

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               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.                                    




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