Eugene McClelland and Ione McClelland - Page 15

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               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), remain                






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