- 15 - 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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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