- 8 - return could have been expected to know that the return contained the understatement.7 Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989).8 Whether such a taxpayer has reason to know of an understatement is a subjective test that rests on factors such as the taxpayer’s level of education, the taxpayer’s involvement in the family’s business and financial affairs, the evasiveness or deceit of the taxpayer’s spouse as to the couple’s finances, and the presence of any unusual or lavish expenditures inconsistent with the couple’s past levels of income, standard of living, and spending patterns. Id. The court in Price also stated that this “reason to know” requirement may impose on the requesting spouse a “duty of inquiry” that would put that spouse on notice that an understatement exists. Id. The test for whether this duty of inquiry requirement applies is the same subjective test that is used to determine whether the requesting spouse had reason to know of the understatement; i.e., in an erroneous deduction setting, whether a reasonably prudent taxpayer in the position of the requesting spouse would be led to 7 Respondent makes no claim that petitioner actually knew about the understatement or the shelter and deductions related thereto. 8 Although the knowledge requirement in Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989), was that of former sec. 6013(e)(1)(E), we have held that interpretations of the former provision are instructive to our interpretation of the knowledge requirement of sec. 6015(b)(1)(C). Butler v. Commissioner, 114 T.C. 276, 283 (2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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