Charles and Martha McHan - Page 9

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          asserts that her argument is supported by the District Court's              
          decision in a forfeiture action with respect to certain real                
          estate owned jointly by petitioners.  The District Court ordered            
          forfeiture as to Charles' interest in the land; however, Martha             
          was found to be an innocent party under Federal civil forfeiture            
          law and entitled to retain her interest in the land.  United                
          States v. 35 Acres in Cherokee County, N.C., No. B-C-88-173                 
          (W.D.N.C. April 6, 1990), affd. 940 F.2d 654 (4th Cir. 1991).               
               Martha argues that she had no reason to know of Charles'               
          illegal activities.  To this end, Martha makes a number of                  
          statements as to petitioners' lifestyle, her education, and her             
          involvement in Charles' business.  Finally, Martha argues that it           
          would be inequitable to hold her liable.  Martha's arguments, as            
          were Charles', are set forth in an array of self-serving                    
          statements and assertions.                                                  
               Section 6013(e) provides that a spouse is relieved from                
          liability for tax where a joint return has been made for a                  
          taxable year and on that return there is a substantial                      
          understatement of tax attributable to grossly erroneous items of            
          the other spouse, if:  (1) The would-be innocent spouse                     
          establishes that she did not know, and had no reason to know,               
          that there was such a substantial understatement; and, (2) taking           
          into account all the facts and circumstances, it is inequitable             
          to hold that spouse liable for the deficiency in tax attributable           
          to the substantial understatement.  Martha has the burden of                




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