- 19 - C. Innocent Spouse Section 6013(a) provides that spouses may elect to file a joint Federal income tax return. If a husband and wife file a joint return, the tax is computed on their aggregate income and the liability with respect to such tax is joint and several. Sec. 6013(d)(3); Gordon v. United States, 757 F.2d 1157, 1160 (11th Cir. 1985). Section 6013(e)(1), however, relieves a spouse of this joint and several liability for tax if he or she can show that (1) a joint Federal income tax return was filed by the spouses; (2) there is a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) in signing the return, the claimed "innocent spouse" did not know, and had no reason to know, of the substantial understatement; and (4) taking into account all the facts and circumstances, it would be inequitable to hold this claimed "innocent spouse" liable for the deficiency attributable to the understatement. Sec. 6013(e)(1). A spouse seeking relief under section 6013(e) has the burden of proving that each requirement has been satisfied. Because the statute is phrased in the conjunctive, petitioner's failure to satisfy any one of these elements will preclude "innocent spouse" relief. Purificato v. Commissioner, 9 F.3d 290, 293 (3d Cir. 1993), affg. T.C. Memo. 1992-580. We have found that petitioner filed a joint return for each of the years in issue, and respondent concedes that there was aPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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