Ingrid Capehart - Page 40

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               The Court of Appeals held that a requesting spouse has                 
          reason to know of the 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.”  Id. at 965.  In evaluating how a              
          reasonably prudent taxpayer might act, the Court of Appeals                 
          considered 4 factors: (1) The spouse’s level of education; (2)              
          the spouse’s involvement in the family’s business and financial             
          affairs; (3) the presence of expenditures that appear lavish or             
          unusual when compared to the family’s past levels of income,                
          standard of living, and spending patterns; and (4) the culpable             
          spouse’s evasiveness and deceit concerning the couple’s finances.           
          After considering the factors, the Court of Appeals concluded               
          that the requesting spouse had satisfied her burden of                      
          establishing that she did not have reason to know that the                  
          deduction in question would give rise to the substantial                    
          understatement.  Nevertheless, because the Court of Appeals also            
          concluded that the requesting spouse had knowledge of sufficient            
          facts to put her on notice that an understatement existed, it               
          held that the requesting spouse had a duty to inquire into the              
          factual circumstances surrounding the deduction.  Because the               
          requesting spouse had made an appropriate inquiry, the Court of             
          Appeals held that the requesting spouse had satisfied the                   








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