Janice L. Morris - Page 27

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          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.                                    





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