Francine Acquaviva - Page 19

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          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 a             




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