- 6 - whether a taxpayer has established that he or she is entitled to relief as an innocent spouse is one of fact. Park v. Commissioner, supra at 1291. Petitioner has satisfied the first requirement, because she made a joint return with Mr. Fason for taxable year 1989. The second requirement is that there be a substantial understatement of tax attributable to grossly erroneous items of one spouse. Sec. 6013(e)(1)(B). A substantial understatement is any understatement which exceeds $500. Sec. 6013(e)(3). In addition, relief is not available for spouses whose preadjustment year gross income is $20,000 or less, unless the liability attributable to the substantial understatement is greater than 10 percent of that adjusted gross income. Sec. 6013(e)(4)(A). If the preadjustment year adjusted gross income is more than $20,000, relief is available only if the liability is greater than 25 percent of that adjusted gross income. Sec. 6013(e)(4)(B). However, if the understatement is attributable to an omission of an item from gross income, the percentage-of- adjusted-gross-income rules discussed above do not apply, but the understatement must still exceed $500. Sec. 6013(e)(4)(E). There are two types of grossly erroneous items: (1) any claim of a deduction, credit, or basis by a spouse in an amount for which there is no basis in fact or law, and (2) any item of gross income attributable to a spouse which is omitted from gross income. Sec. 6013(e)(2). Thus, an understatement of taxPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011