- 21 - 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).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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