Tony D. Ishizaki - Page 20




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               Moreover, although the foregoing failure to meet the                   
          attribution prong of section 6015(b)(1)(B) is a sufficient basis            
          on which to deny relief under that subsection, we point out for             
          the sake of completeness that other requisites of section 6015(b)           
          are equally unfulfilled on the facts before us.  In particular,             
          section 6015(b)(1)(C) mandates that the requesting spouse have              
          had neither knowledge nor reason to know of the understatement at           
          the time the return was signed.  A requesting spouse is                     
          considered to have reason to know in this context if a reasonably           
          prudent taxpayer in his or her position, at the time the return             
          was signed, could be expected to know that the return contained             
          an understatement or that further investigation was warranted.              
          Butler v. Commissioner, supra at 283.  Hence, the spouse seeking            
          relief has a “duty of inquiry”.  Id. at 284.  In applying the               
          foregoing “reason to know” standard, factors considered relevant            
          include:                                                                    
               (1) The alleged innocent spouse’s level of education;                  
               (2) the spouse’s involvement in the family’s business                  
               and financial affairs; (3) the presence of expenditures                
               that appear lavish or unusual when compared to the                     
               family’s past income levels, income standards, and                     
               spending patterns; and (4) the culpable spouse’s                       
               evasiveness and deceit concerning the couple’s                         
               finances. [Id.]                                                        
               Here, the return at issue was signed on August 12, 1996, and           
          reported total income of $108,547.  As of that date, the evidence           
          regarding petitioner’s knowledge in general and the majority of             
          the above factors in particular is in many respects inconsistent            





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