spouse who turns a blind eye to whether there is a substantial understatement of tax on a joint return. Bokum v. Commissioner, 94 T.C. at 148. For the reasons discussed above, we find that petitioner does not meet the requirements of section 6013(e)(1)(C). Accordingly, petitioner is not entitled to the relief provided by section 6013. It is unnecessary for us to consider petitioner's arguments under section 6013(e)(1)(D). Additions to Tax for Fraud Respondent determined that Mr. DiMichele is liable for the additions to tax for fraud pursuant to section 6653(b)(1) and (2) with respect to the underpayment of tax for 1985. However, as mentioned above, respondent does not allege fraud by petitioner. Accordingly, petitioner is not liable for the additions to tax for fraud determined by respondent with respect to petitioner's joint return for 1985. For the foregoing reasons, Decisions will be entered for respondent, except as toPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011