Lota Womack - Page 14

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          contents of the storage space were auctioned off when Mr. Womack            
          was unable to make the rental payment on the storage space.                 
                                       OPINION                                        
               Normally, spouses who have filed a joint return are jointly            
          and severally liable for the tax due.  Sec. 6013(d)(3).  However,           
          section 6013(e)(1) relieves a spouse of liability for the tax,              
          including interest, penalties, and other amounts, attributable to           
          the substantial understatement of tax of the other spouse, if the           
          alleged innocent spouse meets the following requirements:  (1) A            
          joint Federal income tax return was filed; (2) there is a                   
          substantial understatement of tax attributable to grossly                   
          erroneous items of the other spouse; (3) in signing the return,             
          the alleged innocent spouse did not know, and had no reason to              
          know, of the substantial understatement; and (4) taking into                
          account all the facts and circumstances, it would be inequitable            
          to hold the alleged innocent spouse liable for the deficiency               
          attributable to such substantial understatement.5  Sec.                     
          6013(e)(1).                                                                 

          5 In addition, in order for a taxpayer to be eligible for                   
          relief, the liability arising from the above-described                      
          understatement of tax must exceed 10 percent of the taxpayer's              
          preadjustment year adjusted gross income, where that adjusted               
          gross income is $20,000 or less.  Sec. 6013(e)(4)(A).  The                  
          preadjustment year means the most recent taxable year of the                
          taxpayer ending before the date the deficiency notice is mailed,            
          here 1992.  Sec. 6013(e)(4)(C).  Section 6013(e)(4) does not                
          apply to any liability attributable to the omission of an item              
          from gross income.  Sec. 6013(e)(4)(E).  Here petitioner's                  
          preadjustment year adjusted gross income was $6,183, so any                 
          section 6013(e)(4) requirement is satisfied.                                




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