- -11 required that we not treat an overstatement of cost of goods sold as resulting in an omission from gross income. After the amendment, the normal definition of gross income applied, and, therefore, an overstatement of cost of goods sold resulted in an omission from gross income. In the recent case of Lilly v. Internal Revenue Service, 76 F.3d 568 (4th Cir. 1996), the Court of Appeals for the Fourth Circuit adopted the conclusions and reasoning of our cases in holding that an overstatement of cost of goods sold results in an omission of gross income. We conclude that in this case the overstatement of cost of goods sold results in an omission from gross income. Therefore, the amount of the understatement of gross income resulting from the overstatement of cost of goods sold in this case is a grossly erroneous item, and petitioner is entitled to innocent spouse relief with respect to the tax resulting from this understatement of gross income. Respondent argues that there was a mischaracterization of items as cost of goods sold on petitioner's return. Respondent states that the items claimed as cost of goods sold should be properly classified as deductions and, as such, should be treated as deductions subject to the requirements of section 6013(e)(2)(B). We find no legal or factual support for respondent's argument. First, it is unclear from the record to what extent the items not allowed as cost of goods sold, if they had been substantiated, should be properly characterized asPage: 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