Estate of James F. Hall, Jr., Deceased, Harriet Hall, Executrix, and Harriet Nixon Hall - Page 13

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               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.                                                        







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