Estate of Keith L. Gurr - Page 16




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          answers to the questions they posed to petitioner's divorce                 
          attorney regarding the net operating loss carryover claimed on              
          the return.  Yet, in spite of these doubts, neither petitioner              
          nor her daughter looked beyond the inquiries they made with the             
          divorce lawyer.  The Court disagrees with petitioner's argument             
          that she is entitled to relief under the standard set forth in              
          Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989), revg.             
          an Oral Opinion of this Court, that a spouse has "reason to know"           
          of an understatement if a reasonably prudent taxpayer in his or             
          her position at the time of signing the return could be expected            
          to know that the return contained the understatement.  Although             
          this Court is not bound by Price v. Commissioner, supra, under              
          Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd. 445              
          F.2d 985 (10th Cir. 1971), since this case would not be                     
          appealable to the Court of Appeals for the Ninth Circuit, the               
          facts here satisfy the Court that petitioner did not meet the               
          standard set forth in Price.  Petitioner and her daughter both              
          knew that petitioner's divorce attorney was not knowledgeable               
          about tax law, and the explanations the attorney provided                   
          convinced them that such explanations were not satisfactory.                
          Yet, petitioner made no further efforts to go beyond the                    
          recommendations of her divorce lawyer.  Petitioner was under a              
          duty to inquire further.  For 1993, therefore, the Court holds              
          that petitioner possessed constructive knowledge of the                     





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