- -8 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011