- 35 - to hold the alleged innocent spouse liable for the deficiency attributable to such substantial understatement. Sec. 6013(e)(1). Mrs. Gaskins and Mrs. Quinn each have the burden of proving that she meets these requirements. Rule 142(a). A petitioner who fails to meet all of the requirements of section 6013(e)(1) will not qualify for innocent spouse relief. Purificato v. Commissioner, 9 F.3d 290, 293 (3d Cir. 1993), affg. T.C. Memo. 1992-580; Purcell v. Commissioner, 826 F.2d 470, 473 (6th Cir. 1987), affg. 86 T.C. 228 (1986); Bokum v. Commissioner, 94 T.C. 126, 138 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). Respondent has conceded that both Mrs. Gaskins and Mrs. Quinn meet the first two requirements of section 6013(e)(1). We shall consider each petitioner in turn with respect to the remaining two requirements. Mrs. Gaskins Knowledge of the Understatement Mrs. Gaskins argues that she had no actual knowledge, nor did she have reason to know, of any diverted receipts from West Pine or substantial understatements of tax, and therefore, she should be afforded relief as an innocent spouse. Respondent contends that Mrs. Gaskins has not established her lack of knowledge or that she had no reason to know. A taxpayer seeking innocent spouse relief must establish that he or she in signing the return did not know, and had no reason to know, that there was a substantial understatement ofPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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