- 2 - W's 1982 joint tax return.) R abated $55,923 of H's and W's 1980 tax liability, which (with interest, etc.) resulted in W’s receiving a refund check totalling $128,715.36 in 1988. 1. Held: The 1981 grossly erroneous item (the $1,600,000 deduction) is an item of H. Sec. 6013(e)(1)(B), I.R.C. 1954. 2. Held, further, when the tax return was signed, W did not know, and had no reason to know, that there was a substantial understatement of tax for 1981. Sec. 6013(e)(1)(C), I.R.C. 1954. 3. Held, further, in 1988 W received a substantial benefit from the 1981 grossly erroneous item (the $54,372.61 that had been transferred from the 1981 account to the 1980 account), and so it is not inequitable to hold W liable for the substantial understatement of 1981 tax resulting from that grossly erroneous item. Sec. 6013(e)(1)(D), I.R.C. 1954. Gary S. Weinick, for petitioners. Halvor N. Adams III, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION CHABOT, Judge: Respondent determined deficiencies in Federal individual income tax and additions to tax under sections 66591 (valuation overstatements) and section 6661 (substantial understatement of liability) against petitioners as follows: Additions to Tax Sec. Sec. Year Deficiency 6659 6661 1 Unless indicated otherwise all section references are to sections of the Internal Revenue Code of 1954 as in effect for 1981.Page: 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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