- 9 - 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 taxPage: 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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