Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 40

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          generally put a taxpayer on notice that there may be an                     
          understatement of tax liability.”  Hayman v. Commissioner, 992              
          F.2d 1256, 1262 (2d Cir. 1993), affg. T.C. Memo. 1992-228.  The             
          court in Price v. Commissioner, supra at 966, likewise noted that           
          “the size of the deduction * * * viz-a-viz the total income                 
          reported on the return * * *, when considered in light of the               
          fact that” the taxpayer knew of the investment and its nature, is           
          enough to put the taxpayer on notice that an understatement                 
          exists and to result in a duty of inquiry.  If the duty of                  
          inquiry arises but is not satisfied by the taxpayer, constructive           
          knowledge of the understatement may be imputed to the taxpayer.             
          Id. at 965.  Because petitioner did not ask any questions about             
          the Hoyt investment deduction and credits, which were large in              
          relation to the income reported by petitioner and Mr. Barnes and            
          nearly eliminated their Federal tax liability, petitioner did not           
          satisfy her duty to inquire.  Accordingly, we conclude that a               
          reasonable person, faced with petitioner’s circumstances and in             
          petitioner’s position, would have had reason to know of the                 
          understatements.                                                            
               Finally, we note that, for the same reasons discussed below            
          in connection with respondent’s denial of section 6015(f) relief,           
          we conclude that the requirement of section 6015(b)(1)(D) has not           
          been met because it would not be inequitable, taking into account           







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