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 onPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011