Kathleen Patricia Peters - Page 7




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          approach in cases involving erroneous deductions (versus cases              
          involving omission of income).  Id. at 115-116.  That court has             
          stated that a spouse is entitled to relief from joint liability             
          where she establishes “that she did not know and did not have               
          reason to know that the deduction would give rise to a                      
          substantial understatement.”  Resser v. Commissioner, 74 F.3d               
          1528, 1536 (7th Cir. 1996), revg. and remanding T.C. Memo. 1994-            
          241 (quoting Price v. Commissioner, 887 F.2d 959, 963 (9th Cir.             
          1989), revg. an Oral Opinion of this Court).4  The court went on            
          to state:                                                                   
               When evaluating whether the taxpayer had reason to know, the           
               circuits agree that a court must follow an objective                   
               “reasonable taxpayer” standard:  A spouse has “reason to               
               know” if a reasonably prudent person, under the                        
               circumstances of the taxpayer claiming innocent spouse                 
               relief, could be expected to know, at the time of signing              
               the return, that the tax return contained a substantial                
               understatement or that further investigation was warranted.            
               * * * “Hence, the court’s analysis must focus on whether the           
               spouse had sufficient knowledge of the facts underlying the            


          3(...continued)                                                             
          holdings of the Court of Appeals to which an appeal of its                  
          decision lies, see Golsen v. Commissioner, 54 T.C. 742 (1970),              
          affd. 445 F.2d 985 (10th Cir. 1971), even in cases subject to               
          sec. 7463(b).                                                               
          4The court in Resser was interpreting former sec. 6013(e),                  
          which was repealed and replaced with current sec. 6015 by the               
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3201, 112 Stat. 685, 734.  Sec. 6015(b)               
          does not contain the requirement of former sec. 6013(e) that the            
          understatement be “substantial”.  Despite this and other minor              
          differences between the two provisions, Resser and other cases              
          interpreting former sec. 6013(e) remain instructive in analyzing            
          cases under sec. 6015(b).  Butler v. Commissioner, 114 T.C. 276,            
          283 (2000).                                                                 





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