Mercedes Arcia - Page 13

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          not own the property in order to have standing to contest its                
          forfeiture; a lesser property interest, such as a possessory                 
          interest, is sufficient for standing."  United States v. $38,000.00          
          in U.S. Currency, 816 F.2d 1538, 1544 (11th Cir. 1987).                      
               Considering all the facts and circumstances herein, we                  
          conclude that petitioners are not required to include in gross               
          income the $106,000 of forfeited funds. Thus, we hold that                   
          petitioners are not liable for the 1991 deficiency.                          
               Based upon our holding above that petitioners are not liable            
          for the 1991 deficiency, we need not decide whether Mrs. Arcia was           
          an innocent spouse in that year.  Moreover, as a result of our               
          holding that petitioners are not liable for the 1991 deficiency, no          
          part of the section 6651(a)(1) addition to tax is attributable to            
          the deficiency, and consequently we have no jurisdiction over this           
          addition.  See sec. 6665(b); Meyer v. Commissioner, 97 T.C. 555,             
          562 (1991).  Finally, based upon our holding that no understatement          
          exists, we need not address whether petitioners are liable for the           
          section 6662(a) penalty.                                                     
               To reflect the foregoing,                                               


                                                        Decisions will be              
                                                   entered for petitioners.            








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