- 10 - ordinarily would lie) substantially aid the Court. Friedman v. Commissioner, supra; Hayman v. Commissioner, supra. Issue 1. Whether the Understatement Was Attributable to Grossly Erroneous Items of Petitioner's Husband Alone Mrs. Meyer has failed to prove by a preponderance of the evidence that a substantial understatement of tax exists that is attributable to grossly erroneous items of her husband alone for any of the items respondent raised in the notice of deficiency. The items remaining for discussion concern the omission from income of the $180,748 constructive dividend, as well as the disallowed $19,753 Schedule C expense. The term "grossly erroneous items" is defined by section 6013(e)(2) as "(A) any item of gross income attributable to such [culpable] spouse which is omitted from gross income, and (B) any claim of a deduction, credit, or basis by such spouse in an amount for which there is no basis in fact or law." Whether a claim is grossly erroneous must be evaluated as of the time of filing of the tax return. Friedman v. Commissioner, supra at 529. A. The Constructive Dividend Omitted income items are automatically grossly erroneous if solely attributable to the culpable spouse. Sec. 6013(e)(2)(A). Although petitioner's husband organized and owned AED entirely, Mrs. Meyer had access to, and use of, the funds held in this entity's name. In fact, respondent's determination of thePage: 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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