Louise Demirjian - Page 18

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          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 June           





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