- 66 - 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’sPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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