- 42 - It is also significant that petitioner did not in any way participate in Mr. Morris' embezzlement schemes. Mr. Morris went to great lengths to deceive petitioner into believing that the funds to which she had access during the years at issue and which he, unbeknownst to her, had embezzled were from legitimate sources. Another important factor under section 6013(e)(1)(D) is that in August 1991, about six months after petitioner discovered that Mr. Morris had been embezzling funds, petitioner and Mr. Morris were divorced. The reason for the divorce was primarily attrib- utable to Mr. Morris' embezzlement activities. Based on our review of the entire record before us, we find that it would be inequitable within the meaning of section 6013(e)(1)(D) to hold petitioner liable for the portion of the deficiency for each of the years at issue that is attributable to the unreported embezzlement income. For the foregoing reasons, we hold that petitioner qualifies for innocent spouse relief under section 6013(e) with respect to 33(...continued) the aggregate amount of embezzled funds that respondent deter- mined had been reported as gross receipts in the Federal income tax returns filed by Accu-Data and Meadows with respect to each such year. It is also noteworthy that John Kenny Company received the Illinois land in connection with the settlement of the lawsuit that it instituted against Mr. Morris and petitioner. Thus, petitioner did not benefit from the embezzled funds to the extent of the value of that land. See Schwimmer v. Commissioner, T.C. Memo. 1996-353.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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