24 (D) taking into account all the facts and circumstances, it is inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to such substantial understatement * * * The burden is on petitioner wife to prove that she is entitled to innocent spouse relief. Bokum v. Commissioner, 94 T.C. 126, 138 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). The parties have stipulated that for the 1987 tax year a joint return was filed, and there was a substantial understatement of tax. We are left to decide if there was a grossly erroneous item attributable to petitioner husband, and if petitioner wife did not know, and had no reason to know, of such substantial understatement, and if it would be inequitable to hold petitioner wife liable. Failure to prove any one of the four elements set forth in section 6013(e)(1) prevents a taxpayer from qualifying for relief under the innocent spouse rule. Park v. Commissioner, 25 F.3d 1289, 1292 (5th Cir. 1994), affg. T.C. Memo. 1993-252. The requirement of section 6013(e)(1)(C) is that petitioner wife establish that she did not know, or have reason to know, of such understatement. Petitioner wife is a practicing attorney. At trial she testified that she did not know the specific details of DRPC, but that she nonetheless lent petitioner husband money and often called DRPC and made general inquiries into how things were going. Petitioner wife claimed that she did not think that there was any problem with the losses reported from DRPC because it was a new enterprise, and she expected a loss considering thePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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