David C. Jonson and Estate of Barbara J. Jonson, Deceased - Page 16




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          approach to omission of income cases, certain of the Courts of              
          Appeals, beginning with the Court of Appeals for the Ninth                  
          Circuit, have adopted what may be a more lenient approach to                
          deduction cases, which requires "a spouse seeking relief to                 
          establish that she did not know and did not have reason to know             
          that the deduction would give rise to a substantial                         
          understatement."7  See Price v. Commissioner, 887 F.2d 959, 963             
          (9th Cir. 1989), revg. an Oral Opinion of this Court; see also              
          Reser v. Commissioner, 112 F.3d 1258 (5th Cir. 1997), affg. in              
          part and revg. in part T.C. Memo. 1995-572; Resser v.                       
          Commissioner, 74 F.3d 1528 (7th Cir. 1996), revg. and remanding             
          T.C. Memo. 1994-241; Kistner v. Commissioner, 18 F.3d 1521 (11th            
          Cir. 1994), revg. and remanding T.C. Memo. 1991-463; Hayman v.              
          Commissioner, 992 F.2d 1256, 1261 (2d Cir. 1993), affg. T.C.                
          Memo. 1992-228; Erdahl v. Commissioner, 930 F.2d 585, 589 (8th              
          Cir. 1991), revg. and remanding T.C. Memo. 1990-101.  In Bokum v.           
          Commissioner, supra at 153, however, we declined to apply the               
          Price approach to deduction cases.8                                         




               7  The Internal Revenue Service Restructuring and Reform Act           
          of 1998, Pub. L. 105-206, sec. 1301, 112 Stat. 685, 734,                    
          eliminated the requirement of former sec. 6013(e)(1)(C) that the            
          understatement be “substantial”.                                            
               8  Of course, under the rule established in Golsen v.                  
          Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir.             
          1971), we are bound to defer to the decision of a Court of                  
          Appeals squarely on point, where that Court of Appeals is the               
          likely venue for appeal.                                                    




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