Mary Catherine Pierce - Page 21

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          F.2d 959 (9th Cir. 1989).  The Court of Appeals in Price adopted            
          the standard that a spouse has “reason to know” of a substantial            
          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 the substantial understatement.”6  Id. at              
          965.                                                                        
               Any appeal of our decision by petitioner would normally lie            
          with the Court of Appeals for the Second Circuit.  The Court of             
          Appeals for the Second Circuit has adopted the Court of Appeals             
          for the Ninth Circuit’s “reason to know” standard for erroneous             
          deduction cases.  See Hayman v. Commissioner, 992 F.2d 1256, 1261           
          (2d Cir. 1993), affg. T.C. Memo. 1992-228.  Because the                     
          underlying tax liability is based on erroneous deductions, we               
          apply the standard set forth in Price v. Commissioner, supra, and           
          adopted in Hayman v. Commissioner, supra at 1261.  See Golsen v.            
          Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir.             
          1971).                                                                      


               6 In omission of income cases courts consistently apply a              
          standard denying innocent spouse relief to taxpayers who have               
          reason to know of the transaction underlying the understatement             
          of tax.  See Jonson v. Commissioner, 118 T.C. 106, 116 (2002).              
          Several Courts of Appeals, however, have adopted the standard of            
          Price v. Commissioner, 887 F.2d 959 (9th Cir. 1989), in erroneous           
          deduction cases.  See 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. T.C.            
          Memo. 1994-241; Kistner v. Commissioner, 18 F.3d 1521 (11th Cir.            
          1994), revg. and remanding T.C. Memo. 1991-463; Erdahl v.                   
          Commissioner, 930 F.2d 585, 589 (8th Cir. 1991), revg. and                  
          remanding T.C. Memo. 1990-101.  But see Bokum v. Commissioner 94            
          T.C. 126, 151 (1990), affd. 992 F.2d 1132 (11th Cir. 1993).                 



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