Wendlyn H. Albin - Page 9

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          question the legitimacy of the deduction, or his or her tax                 
          liability in general.  Id. at 965-966; see also Guth v.                     
          Commissioner, 797 F.2d 441, 445 (9th Cir. 1990), affg. T.C. Memo.           
          1987-522.  If the requesting spouse is aware of sufficient facts            
          to put that spouse on notice as to the possibility of an                    
          understatement, the duty of inquiry arises, which, if not                   
          satisfied, may cause that spouse to be treated as having                    
          constructive knowledge of the understatement.  Price v.                     
          Commissioner, supra at 965; see also Guth v. Commissioner, supra            
          at 445.                                                                     
               We believe that petitioner had reason to know of the                   
          understatement in each subject year.  While in each of those                
          years the Albins reported a large amount of income (but for the             
          shelter loss), a large loss (i.e., from the shelter), and                   
          relatively little or no tax liability, petitioner was unconcerned           
          about her tax obligation and took no steps to assure herself that           
          the subject returns were filed properly.  She did not read the              
          returns or even ask to see any of the records related thereto.              
          A reasonably prudent person in the position of petitioner, a                
          college educated individual, would have at least looked at the              
          face and signature page of each return (i.e., the front and back            
          of Form 1040), eyed the clearly reported items of income, loss              
          (from the shelter) and minimal or no tax liability, and inquired            
          as to the loss (from the shelter), the minimal or no tax                    






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