- 9 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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