Anna Ruth French - Page 7

                                        - 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 such            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011