Patricia M. Mora, F.K.A. Patricia Rasberry - Page 14




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          Charles assured her that the deduction was proper and had been              
          approved by the certified public accountant who prepared and                
          signed the return.                                                          
               After the Commissioner disallowed the deduction and Charles            
          and Patricia were divorced, Patricia claimed relief from joint              
          and several liability under former section 6013(e).  Following              
          the law in omitted income cases, the Tax Court denied Patricia’s            
          claim for relief from joint and several liability because                   
          Patricia was aware of the existence of the transaction underlying           
          the deduction–-the existence of her husband’s gold mining                   
          investment.                                                                 
               The Court of Appeals for the Ninth Circuit reversed and                
          granted Patricia’s request for relief from joint and several                
          liability.  The Court of Appeals held that in erroneous deduction           
          cases, unlike omitted income cases, the requesting spouse’s mere            
          knowledge of the existence of the transaction underlying the                
          deduction is not enough to deny relief.  In order to be denied              
          relief, the requesting spouse must know or have reason to know              
          “that the deduction would give rise to a substantial                        
          understatement.”  Id. at 963.  While ignorance of the legal or              
          tax consequences of an item which gives rise to a deficiency is             
          no defense, something more than mere knowledge of the transaction           
          is required:                                                                
               Thus, if a spouse knows virtually all of the facts                     
               pertaining to the transaction which underlies the                      





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