- 152 - 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.Page: Previous 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Next
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