Kin L. Velinsky - Page 8

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          Sec. 6013(d)(3).  Under section 6013(e),3 if certain requirements           
          are met for a year, a spouse may be relieved of all or a portion            
          of the joint liability for that year.  The burden is on                     
          petitioner to show that she has satisfied each statutory                    
          prerequisite of section 6013(e)(1).                                         
               Respondent has conceded that petitioner meets all of the               
          criteria required for relief from tax as an innocent spouse,                
          except that the substantial understatement of tax is attributable           
          to grossly erroneous items of one spouse.  Grossly erroneous                


          3  Sec. 6013(e) provides, in part:                                          
                    (1) In General.--Under regulations prescribed by                  
               the Secretary, if--                                                    
                         (A) a joint return has been made under                       
                    this section for a taxable year,                                  
                         (B) on such return there is a                                
                    substantial understatement of tax                                 
                    attributable to grossly erroneous items of                        
                    one spouse,                                                       
                         (C) the other spouse establishes that in                     
                    signing the return he or she did not know,                        
                    and had no reason to know, that there was                         
                    such substantial understatement, and                              
                         (D) taking into account all the facts                        
                    and circumstances, it is inequitable to hold                      
                    the other spouse liable for the deficiency in                     
                    tax for such taxable year attributable to                         
                    such substantial understatement,                                  
               then the other spouse shall be relieved of liability                   
               for tax (including interest, penalties, and other                      
               amounts) for such taxable year to the extent such                      
               liability is attributable to such substantial                          
               understatement.                                                        




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