- 41 - requirement of section 6013(e)(1)(C) and that she was entitled to relief under section 6013(e). Although this case involves a different statute, we believe that the Court of Appeals would require an analysis of the “reason to know” requirement like the one it used in Price v. Commissioner, supra. Consequently, we first examine whether petitioner had reason to know of the items giving rise to the deficiency, applying the same factors used by the Court of Appeals in Price. If we conclude that petitioner did not have reason to know, we next examine whether petitioner had knowledge of sufficient facts to impose upon her a duty of inquiry. Finally, we examine whether petitioner satisfied her duty of inquiry. In this case, petitioner, who had in Germany what appears to be the equivalent of a high school education in this country, was actively involved in the family’s financial affairs. She wrote and signed most of the checks drawn on the joint checking account, and she was aware of, and sometimes participated in, decisions regarding family purchases. At trial, petitioner admitted that Mr. Capehart never concealed or deceived her about the family finances or their Hoyt partnership investments. With respect to the Hoyt partnership investments, petitioner admitted that she had had the opportunity to review the promotional materials that she and Mr. Capehart had receivedPage: 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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