- 40 - 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 thePage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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