Don C. Reser and Rebecca Jo Reser - Page 24

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                    (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 the             




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