- 13 - Because we find that petitioners improperly excluded from income the 1988 distribution, the next issue we must decide is whether petitioner Harriett Nixon Hall is entitled to relief from liability as an "innocent spouse" under section 6013(e). Section 6013(d)(3) provides that when a joint return is filed, the parties are jointly and severally liable for the amount of the tax due. One exception to this rule is the innocent spouse provision contained in section 6013(e) which provides: (e) Spouse Relieved of Liability in Certain Cases.-- (1) In General.--Under regulations prescribed by the Secretary, if-- (A) a joint return has been made under this section for a taxable year, (B) on such return there is a substantial understatement of tax attributable to grossly erroneous items of one spouse, (C) the other spouse establishes that in signing the return he or she did not know, and had no reason to know, that there was such substantial understatement, and (D) taking into account all the facts and circumstances, it is inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to such substantial understatement, then the other spouse shall be relieved of liability for tax (including interest, penalties, and other amounts) for such taxable year to the extent such liability is attributable to such substantial understatement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011