- 2 - Friedman (petitioner) was not an innocent spouse within the meaning of section 6013(e).3 The decision entered following the third opinion was affirmed in part and reversed in part, and the case was remanded to this Court for further proceedings. Friedman v. Commissioner, T.C. Memo. 1993-549, affd. in part and revd. in part 53 F.3d 523 (2d Cir. 1995). To qualify for innocent spouse relief, a taxpayer must meet all four of the requirements of section 6013(e). We found that petitioner had shown that she filed a joint return and that a certain tax shelter investment constituted a "grossly erroneous item" within the meaning of section 6013(e). However, we found that petitioner did not qualify for relief because she failed to meet the third requirement; i.e., the requirement that she did not know and did not have reason to know that the deduction would give rise to a substantial understatement. Having reached that conclusion, we did not consider whether petitioner met the fourth 2(...continued) whether "grossly erroneous items" could have been contained on a refund claim, Form 1045, rather than on the Form 1040, within the meaning of sec. 6013(e)(1)(B); Friedman v. Commissioner, T.C. Memo. 1992-89, concerning whether the testimony of an expert witness could be offered to show whether one of petitioners was a truthful witness; and Friedman v. Commissioner, T.C. Memo. 1993- 549, which concerned whether Anna Friedman was an innocent spouse within the meaning of sec. 6013(e). 3 All section references are to the Internal Revenue Code in effect for the taxable period under consideration, and all Rule references are to this Court's Rules of Practice and Procedure, unless otherwise indicated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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