Patricia Barranco - Page 14




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               A spouse has reason to know of an 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 an understatement or that further investigation            
          was warranted. * * *  The spouse seeking relief has a ‘duty of              
          inquiry’.”  Butler v. Commissioner, 114 T.C. 276, 283-284 (2000)            
          (citations omitted).                                                        
               In deciding whether a spouse had reason to know of an                  
          understatement, a key factor is the extent to which family                  
          expenditures, of which the spouse had knowledge, exceeded                   
          reported income.  See Estate of Jackson v. Commissioner, 72 T.C.            
          356, 361 (1979); Hammond v. Commissioner, T.C. Memo. 1990-22,               
          affd. 938 F.2d 185 (8th Cir. 1991).8  Other relevant factors                
          include the spouse’s education level; her involvement in the                
          family’s business and financial affairs; the presence of lavish             
          or unusual expenditures as compared to the family’s past income             
          levels, income standards, and spending patterns; and the culpable           
          spouse’s evasiveness and deceit concerning the couple’s finances.           
          See Butler v. Commissioner, supra at 284.                                   
               Although petitioner did not review the joint returns before            
          signing them, she is charged with knowledge of their contents.              


               8 Cases interpreting former sec. 6013(e) “remain instructive           
          as to our analysis of whether a taxpayer ‘knew or had reason to             
          know’ of an understatement pursuant to new section 6015(b).”                
          Butler v. Commissioner, 114 T.C. 276, 283 (2000).                           





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