- 7 - directs us to a specific portion of the manual provisions, as follows: This computation will start with the total corrected taxable income without regard to the innocent spouse provisions and will eliminate therefrom the adjustments for which relief is provided under such public law. * * * Petitioner contends that the elimination of the grossly erroneous leasing transaction is tantamount to permitting the deduction to the innocent spouse. Respondent treats the elimination language as disregarding the grossly erroneous leasing transaction so as not to charge petitioner, the innocent spouse, with income from the disallowance of the claimed loss. Respondent goes on to compute the effect of the disallowance of the short-term capital loss carryover, which is not an item for which innocent spouse relief was granted. In that manner, respondent arrives at a portion of the 1983 tax liability for which Mr. Friedman (the "culpable" spouse) and Mrs. Friedman (the "nonculpable" spouse) are both liable. That joint liability is then subtracted from the liability determined in the notice of deficiency, resulting in the portion of the liability for which only Mr. Friedman (the "culpable" spouse) is liable. We agree with respondent's approach and interpretation. 5(...continued) computation is in error. Petitioner's attack is one that concerns only theory or approach.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011