Robert D. Grossman, Jr. - Page 68

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               We hold for respondent on this issue.38                                
                             IV.  Innocent Spouse Relief                              
               Petitioner contends that he is entitled to innocent spouse             
          relief for 1986 under section 6013(e), because he separated from            
          Betsy in September of that year and did not see Markette’s 1986             
          tax return.  Respondent contends that petitioner is not entitled            
          to innocent spouse relief.                                                  
               We agree with respondent.                                              
               Section 6013(a) permits a husband and wife to elect to file            
          a joint tax return.  Together with section 1(a), this joint tax             
          return option is a valuable privilege, which ordinarily operates            
          to lower the tax liability for the income reported on the joint             
          tax return.  The price taxpayers must pay for this benefit is               
          joint and several liability.  Sec. 6013(d)(3); Stevens v.                   
          Commissioner, 872 F.2d 1499, 1503 (11th Cir. 1989), affg. T.C.              
          Memo. 1988-63; Murphy v. Commissioner, 103 T.C. 111, 117 (1994);            
          Bokum v. Commissioner, 94 T.C. 126, 151-152 (1990), affd. 992               



               38   Ordinarily, when the item should be deductible in one             
          of two years and both of these years are before us, a taxpayer              
          does not lose the deduction entirely merely because of failure to           
          prove which of the two years is the correct one.  However, in the           
          instant cases the interest deduction is properly an item of                 
          Betsy’s, and petitioner and Betsy did not file a joint tax return           
          for 1988.  Accordingly, petitioner’s failure to carry his burden            
          of proof for 1987 means that he has lost the deduction entirely,            
          even though Betsy apparently would be entitled to a 1988                    
          deduction on account of the interest payment.                               




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