Janice L. Morris - Page 42

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               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.                                                             




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