Patricia M. Mora, F.K.A. Patricia Rasberry - Page 15




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               substantial understatement, her defense in essence is                  
               premised solely on ignorance of law.  Id.  In such a                   
               scenario, regardless of whether the spouse possesses                   
               knowledge of the tax consequences of the item at issue,                
               she is considered as a matter of law to have reason to                 
               know of the substantial understatement and thereby is                  
               effectively precluded from establishing to the                         
               contrary. * * *  [Id. at 964.]                                         
               Where the requesting spouse lacks such pervasive knowledge             
          of the facts of the underlying transaction, the Court of Appeals            
          concluded that the trier of fact must determine whether the                 
          requesting spouse had sufficient knowledge of the facts to make             
          denial of relief appropriate:                                               
                 A spouse has “reason to know” of the substantial                     
               understatement if a reasonably prudent taxpayer in her                 
               position at the time she signed the return could be                    
               expected to know that the return contained the                         
               substantial understatement. * * * Factors to consider                  
               in analyzing whether the alleged innocent spouse had                   
               “reason to know” of the substantial understatement                     
               include: (1) the 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 levels of income, standard of living, and                
               spending patterns; and (4) the culpable spouse’s                       
               evasiveness and deceit concerning the couple’s                         
               finances. * * *  [Id. at 965; citations omitted.]                      
               Even though she had limited knowledge of the facts                     
          underlying the transaction giving rise to the deduction, the                
          Court of Appeals found, on the basis of the size of the deduction           
          in relation to the taxpayers’ joint income, that Patricia had               
          sufficient knowledge “such that a reasonably prudent taxpayer in            
          her position would be led to question the legitimacy of the                 
          deduction.”  Id.   However, because Patricia questioned Charles             





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