- 15 - Given this holding, we must decide whether a reasonably prudent taxpayer, in Ms. McClelland’s position, had a reason to know that the deduction was false or had a duty to inquire about this deduction. Ms. McClelland was a shareholder and officer of Red Wing, and she knew that Red Wing was selling a tugboat, but the record does not support a conclusion that she had any reason to know that Red Wing took an improper interest paid deduction. Ms. McClelland’s involvement with Red Wing’s financial affairs was limited, and Mr. McClelland provided all of the financial information to Mr. Kramer for tax purposes. Had Ms. McClelland been provided the opportunity to review Red Wing’s Form 1120S for its fiscal tax year ended October 31, 1997, she might have observed the false interest deduction, but she was never provided such opportunity. Accordingly, we hold that Ms. McClelland did not have a reason to know that the interest deduction was false, nor did she have a duty to inquire into the interest paid deduction. b. Section 6015(b)(1)(D): Inequity We take into account all the facts and circumstances in deciding whether it is inequitable to hold the relief-seeking spouse liable for a deficiency. Sec. 6015(b)(1)(D). Because this requirement is almost identical to the requirement of former section 6013(e)(1)(D), cases interpreting that section such as Erdahl v. Commissioner, 930 F.2d 585 (8th Cir. 1989), remainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011