Phyllis E. Campbell - Page 20

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          Commissioner, 74 F.3d 1528, 1537 (7th Cir. 1996) (quoting                   
          Friedman v. Commissioner, 53 F.3d 523, 525 (2d Cir. 1995), affg.            
          in part and revg. in part T.C. Memo. 1993-549), revg. and                   
          remanding T.C. Memo. 1994-241.  Therefore, petitioner had no                
          reason to suspect that the losses associated with the London                
          straddle were fictitious.                                                   
               Respondent argues that petitioner had a duty to inquire.               
          First, respondent implies that the large deduction on the return            
          should have caused petitioner to inquire as to the source of the            
          deduction.  Citing Hayman v. Commissioner, 992 F.2d 1256, 1262              
          (2d Cir. 1993), affg. T.C. Memo. 1992-228, respondent asserts               
          that “it is well established that a spouse cannot be relieved of            
          liability by turning a blind eye to dramatically large deductions           
          fully disclosed on the returns which would put the spouse on                
          notice that further inquiry would be needed.”                               
               In the Court of Appeals for the Eighth Circuit, the court to           
          which this case is appealable, the presence of large deductions,            
          standing alone, is not sufficient to trigger a duty of inquiry;             
          it is a factor that may be considered in the totality of the                
          circumstances.4  See Erdahl v. Commissioner, 930 F.2d at 591.               
          Therefore, we may not impose a duty to inquire based solely on              


               4We are bound by the Court of Appeals for the Eighth                   
          Circuit’s view because of the Golsen rule.  See Golsen v.                   
          Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir.             
          1971).                                                                      





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