Maureen Monsour - Page 60

                                        - 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