- 3 - income and fraud on the part of the petitioner husbands for each year.1 Rule 34(b)(4). On July 5, 1991, respondent filed her respective answers denying petitioners' allegations, and making affirmative allegations in support of the fraud issues as to which respondent had the burden of proof. By notice of trial setting, dated April 15, 1992, the cases were calendared for trial during the trial session in Philadelphia, Pennsylvania, commencing on September 21, 1992. Attached to that notice of trial setting was the Court's Standing Pre-Trial Order. On August 24, 1992, respondent filed unopposed motions for continuance to permit petitioners to have a second opportunity to resolve their cases with respondent's Appeals Office without the necessity of trial. The Court granted those motions. Attorney Riley failed to provide the Appeals officer with the financial information or other documents to support petitioners' claims, including any innocent spouse claims. The Appeals officer made repeated and unsuccessful attempts to contact Attorney Riley about the cases. 1 However, in the statement of facts in support of the assignments of error, the petitions asserted that each petitioner wife was an innocent spouse under section 6013(e). Rule 34(b)(5). Had the petitions clearly raised innocent spouse claims, Attorney Riley would have had a conflict of interest in representing both petitioner husbands and petitioner wives. Innocent spouse status requires the alleged innocent spouse to establish, among other things, that the understatement of tax is attributable to grossly erroneous items of the culpable spouse.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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