- 13 - on the basis of the disallowed $600,000 claimed Keogh deduction. Respondent attributed the alleged fraud for each year not just to Martin, but also to petitioner. OPINION Generally, married taxpayers filing joint Federal income tax returns are treated as jointly and severally liable for taxes reported due on their combined income and for additions to tax relating thereto. Sec. 6013(d)(3). Because joint and several liability may produce hardship for an "innocent spouse" whose marriage partner received substantial unreported income, Congress enacted section 6013(e), as amended in 1984. Section 6013(e) provides "innocent spouse" relief from joint and several liability for a taxpayer who filed a joint income tax return and who establishes the following: (1) That a substantial understatement of tax resulted from a grossly erroneous item attributable to the other spouse; (2) that, in signing the return, the taxpayer did not know, or have reason to know of the understatement; and (3) that, in light of all of the facts and circumstances, it would be inequitable to hold the innocent spouse liable for the resulting deficiency. Sec. 6013(e)(1); Hayman v. Commissioner, 992 F.2d 1256, 1260 (2d Cir. 1993), affg. T.C. Memo. 1992-228. Respondent concedes that the embezzlement income that Martin received constitutes a grossly erroneous item for each year andPage: 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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