- 9 - Petitioner must meet all of the requirements of the innocent spouse provision to qualify for relief, as Congress framed the statute in the conjunctive. Rule 142(a); Hayman v. Commissioner, supra at 1260. Furthermore, petitioner must prove all of the elements of the innocent spouse test by a preponderance of the evidence. Rule 142(a); Friedman v. Commissioner, 53 F.3d 523, 528 (2d Cir. 1995), affg. in part, revg. in part and remanding T.C. Memo. 1993-549. Respondent concedes that petitioner satisfies the section 6013(e)(1)(A), section 6013(e)(3), and section 6013(e)(4) elements of the innocent spouse requirements for the relevant year. (Section 6013(e)(3) states the numerical prerequisite to determine if a substantial understatement exists. Section 6013(e)(4) concerns whether such understatements exceed a specified percentage of the putative innocent spouse's income.) Three elements of the innocent spouse requirement remain in dispute: (1) Whether the understatement was attributable to grossly erroneous items of petitioner's husband alone; (2) whether petitioner possessed the knowledge referred to in subparagraph (C); and (3) whether under the facts of this case there exists the type of inequity referred to in subparagraph (D). In reaching our conclusion as to Mrs. Meyer's liability, guidelines provided by recent decisions of the U.S. Court of Appeals for the Second Circuit (to which an appeal of this casePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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