- 27 - Commissioner, 74 F.3d 1528, 1534 (7th Cir. 1996), revg. and remanding T.C. Memo. 1994-241. Nonetheless, the innocent spouse provision was intended to provide relief from "grave injustice" and is to be applied liberally in favor of the person claiming its benefits. Id. Respondent concedes (1) that petitioner and Mr. Morris filed a joint return for each of the years at issue; (2) that there was a substantial understatement of tax (substantial understatement) with respect to each of those joint returns; (3) that the unre- ported embezzlement income for each of the years at issue consti- tutes a grossly erroneous item that is attributable to Mr. Morris; and (4) that petitioner did not know about the funds that Mr. Morris embezzled during those years until late January or early February 1991 after she signed the joint return for each of those years. Respondent argues, however, (1) that neither of the erroneous deductions in question for 1987 constitutes, as re- quired by section 6013(e)(1)(B), a grossly erroneous item as defined in section 6013(e)(2)(B); (2) that petitioner had reason to know within the meaning of section 6013(e)(1)(C) of the substantial understatement (a) for 1987 that is attributable to the unreported embezzlement income and those erroneous deductions 22(...continued) 6013(e)(4), and we assume that the parties agree that that section is satisfied with respect to any liability attributable to the erroneous deductions in question.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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