Carl Dimichele and Eileen Dimichele - Page 32

                       Account #199015785                                             
                       Titled in name of Carl & Eileen DiMichele                      
                       (Balance as of 8/31/87: $1,760.49)                             
                       Account #1545-0112                                             
                       Titled in name of Eileen Secatore                              
                       (Balance as of 9/17/87: $11,669.05)                            
                  c. United Jersey Bank                                               
                       Account #007006810                                             
                       Titled in name of Carl & Eileen DiMichele                      
                       (Balance as of 1/16/87: $32,132.67                             
                  e. Prudential Savings & Loan                                        
                       Account #01-25000000916 IRA)                                   
                       Titled in name of Eileen DiMichele as                          
                       custodian for Christina DiMichele                              
                       (Balance as of 6/30/87: $2,729.58)                             
                       Account #03-54-49227                                           
                       Titled in name of Eileen DiMichele as                          
                       custodian for Christina DiMichele                              
                       (Balance as of 6/30/87: $2,919.63)                             

                  Section 6013(a) provides that a husband and wife may                
             file a single return jointly. If they elect to do so, the                
             tax is computed on the aggregate income of both spouses,                 
             and the liability with respect to the tax is joint and                   
             several.  Sec. 6013(d)(3).  Liability will therefore attach              
             to a spouse who was "innocent" of deficiencies resulting                 
             from an erroneous omission or deduction solely attributable              
             to one spouse.  In 1971, Congress enacted the "innocent                  
             spouse" provision to remedy this inequity and to protect                 
             one spouse from the overreaching or dishonesty of the                    
             other. Stiteler v. Commissioner, T.C. Memo. 1995-279.                    
                  [The following two paragraphs are written for use if                
             the opinion is formulated without a discussion of the                    
             (e)(1)(C) knowledge element of the innocent spouse test]                 
                  Where the court finds that it would not be inequitable              
             to hold a putative innocent spouse liable for income tax on              










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