- 25 - 6013(e)(1)(B)); (5) when the tax return was signed the putative innocent spouse did not know, and had no reason to know, that there was this substantial understatement of tax (sec. 6013(e)(1)(C)); and (6) it is inequitable to hold the putative innocent spouse liable for the tax deficiency that is attributable to this substantial understatement of tax. Sec. 6013(e)(1)(D). Also (as elements of item (3), supra), if any such item is a claim of deduction, credit, or basis, then the putative innocent spouse must show that the claim has no basis in fact or law (sec. 6013(e)(2)(B)); and the tax liability for these items must exceed a certain percentage of the putative innocent spouse's income for the preadjustment year, in the instant case, 1988.6 Sec. 6013(e)(4); Hayman v. Commissioner, 992 F.2d 1256, 1260 (2d Cir. 1993), affg. T.C. Memo. 1992-228; Bokum v. Commissioner, 94 T.C. at 138, 992 F.2d at 1133-1134. 6 The preadjustment year is "the most recent taxable year * * * ending before the date the deficiency notice is mailed." Sec. 6013(e)(4)(C). The notice of deficiency was mailed on May 26, 1989; thus 1988 is the preadjustment year. Nancy's 1988 income was increased by her profit on the sale of the New Jersey home. This increase in Nancy's 1988 income was enough to disqualify her from innocent spouse treatment for 1982 (deficiency of $27,232), but not for 1981 (deficiency of $185,361). Because the parties agree that the preadjustment year substantiality requirement is enough to disqualify Nancy from innocent spouse treatment for 1982, we do not consider whether she failed to meet any of the other requirements as to 1982.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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