Homer L. Richardson - Page 66

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          generated by sales of Aegis trusts and related services.  As                
          suggested by the preceding findings and discussion, the totality            
          of the record, while leaving much to be desired, indicates that             
          it was Mr. Richardson who engaged in the underlying selling                 
          operations.  Petitioners would thus seem to have a colorable                
          argument with respect to at least a portion of the                          
          understatements being attributable to erroneous items of                    
          Mr. Richardson.  Nonetheless, it is unnecessary for the Court to            
          reach a definitive conclusion as to this requirement in light of            
          the conjunctive nature of the criteria and the following.                   
               Section 6015(b)(1)(C) specifies that the requesting spouse             
          have had neither knowledge nor reason to know of the                        
          understatement at the time the return was signed.  A requesting             
          spouse is considered to have reason to know in this context if a            
          reasonably prudent taxpayer in his or her position, at the time             
          the return was signed, could be expected to know that the return            
          contained an understatement or that further investigation was               
          warranted.  Butler v. Commissioner, supra at 283.  Hence, the               
          spouse seeking relief may have a “duty of inquiry”.  Id. at 284.            
          In applying the foregoing “reason to know” standard, factors                
          considered relevant include:                                                
               (1) The alleged innocent spouse’s level of education;                  
               (2) the spouse’s involvement in the family’s business                  
               and financial affairs; (3) the presence of expenditures                
               that appear lavish or unusual when compared to the                     
               family’s past income levels, income standards, and                     
               spending patterns; and (4) the culpable spouse’s                       





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