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                    (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 under-                   
               statement.                                                             
                    (2) Grossly Erroneous Items.--For purposes of this                
               subsection, the term "grossly erroneous items" means,                  
               with respect to any spouse--                                           
                         (A) any item of gross income attributable to                 
                    such spouse which is omitted from gross income,                   
                    and                                                               
                         (B) any claim of a deduction, credit, or                     
                    basis by such spouse in an amount for which there                 
                    is no basis in fact or law.                                       
               The spouse claiming innocent spouse relief must prove that             
          all four requirements prescribed by section 6013(e)(1) are                  
          satisfied in order to be entitled to such relief.22  Resser v.              
          22  Neither party advances any argument regarding sec.                      
                                                             (continued...)           
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