- 7 - In November 1990, petitioner and Mr. French sold their marital home located in Annapolis, Maryland. The net proceeds from this sale amounted to approximately $144,000. These proceeds were used to purchase a certificate of deposit in the approximate amount of $144,000. This certificate of deposit was issued solely in petitioner’s name. In early 1991, petitioner cashed the certificate of deposit in order to aid Mr. French with the purchase of a condominium in Pompano Beach, Florida. The Pompano Beach condominium was subsequently sold pursuant to the couple’s divorce decree. Petitioner received $100,000 from the sale of the Pompano Beach condominium as a division of her marital rights. OPINION Issue 1. Innocent Spouse A husband and wife who file a joint return are jointly and severally liable for the tax due. Sec. 6013(d)(3). An "innocent" spouse, however, is relieved of liability if he or she proves the following: (1) That a joint return has been made for a taxable year; (2) that on such return there is a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) that he or she did not know, and had no reason to know, of such substantial understatement when he or she signed the return; and (4) that after consideration of all the facts and circumstances, it would be inequitable to hold him or her liable for the deficiency in income tax attributable to suchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011