- 18 - know of that understatement. On the record before us, however, petitioner’s contention cannot be sustained. Taxpayers seeking to prove that they had no knowledge or reason to know of an item giving rise to an understatement of tax must demonstrate, at a minimum, that they have fulfilled a “duty of inquiry” with respect to determining whether their correct tax liability was reported on the return for the year for which they seek relief. Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63; Butler v. Commissioner, 114 T.C. at 284. When taxpayers fail to fulfill their duty of inquiry, they are ordinarily charged with constructive knowledge of any understatements on their returns. See Hayman v. Commissioner, 992 F.2d 1256, 1262 (2d Cir. 1993), affg. T.C. Memo. 1992-228; Cohen v. Commissioner, T.C. Memo. 1987-537 (the provisions providing relief from joint and several liability are “designed to protect the innocent, not the intentionally ignorant”). Petitioner was aware that the first amended joint return was filed to correct the omission of the entire amount of the gain that she realized on the sale of the New York apartment on Schedule D of the original joint return, and she signed a blank check for Apostle to use to pay the income tax liability reported on that return. Petitioner failed, however, to question Apostle as to the manner in which her income was treated on the first amended joint return upon her return home from California in JunePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011