- 60 - On the record before us, we find that petitioner has failed to establish that she did not know, and had no reason to know, of the transactions relating to Laurel Valley Farms, the Three Crowns Hotel, Azure Tides, Inc., Georgetown Square, and the Three Crowns Hotel Back Court that we assume arguendo gave rise to a portion or all of an understatement for one or more of the taxable years 1989, 1991, 1992, and 1993. See Jonson v. Commissioner, 118 T.C. at 115-116; Bokum v. Commissioner, 94 T.C. 126, 150-151 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). On that record, we further find that petitioner has failed to establish that a reasonably prudent taxpayer in her position at the time she signed each of the joint returns for the taxable years 1989, 1991, 1992, and 1993 could not have been expected to know that each of those returns contained an understatement of tax or that further investigation was warranted. See Hayman v. Commissioner, 992 F.2d 1256, 1261- 1262 (2d Cir. 1993), affg. T.C. Memo. 1992-228; Price v. Commis- sioner, 887 F.2d 959, 965-966 (9th Cir. 1989), revg. an Oral Opinion of this Court; Mora v. Commissioner, 117 T.C. 279, 289 (2001).50 49(...continued) because before respondent issued the notice for the taxable years 1987 and 1988 petitioner and Mr. Monsour agreed to respondent’s proposed determinations to disallow such losses. 50There is no published authority of the U.S. Court of Appeals for the Third Circuit, the Court of Appeals to which an appeal in this case would normally lie, setting forth that (continued...)Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011