Ingrid Capehart - Page 41

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          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 received                






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