- 2 - published opinion T.C. Memo. 1994-2. We held therein that petitioner Elizabeth C. Sympson was not eligible for relief under section 6013(e)1 as an "innocent spouse". The Court of Appeals held that we erred in finding that it would not be inequitable to hold Mrs. Sympson liable for the tax deficiency and remanded the case for further proceedings. To qualify for innocent spouse relief, a taxpayer must meet all four of the requirements of section 6013(e). It is undisputed that Mrs. Sympson had shown that she filed a joint return and that there was a substantial understatement of tax attributable to grossly erroneous items of her spouse (i.e., unreported embezzlement income). Since we found that Mrs. Sympson did not qualify for relief because she failed to meet the fourth requirement, we did not consider whether she met the third test; i.e., whether she had proven that she did not know and did not have reason to know that there was a substantial understatement on the returns. Sec. 6013(e)(1)(C). The Court of Appeals therefore remanded the case for further findings of fact on this issue. The tax years in issue are 1982 through 1987. Beginning in 1982, and continuing to July 1987, Mrs. Sympson's husband embezzled $898,642 from an elderly widow named Olga Roderick and 1 All section references are to the Internal Revenue Code in effect for the taxable period under consideration.Page: Previous 1 2 3 4 5 6 7 8 Next
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