- 5 - OPINION A husband and wife who file a joint return generally are jointly and severally liable for the tax due. Sec. 6013(d)(3). A taxpayer will be relieved of liability as an innocent spouse, however, to the extent the taxpayer establishes that: (1) A joint Federal income tax return was filed; (2) on the return there is a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) in signing the return, the taxpayer did not know, and had no reason to know, of the substantial understatement; and (4) taking into account all of the facts and circumstances, it would be inequitable to hold the taxpayer liable for the deficiency attributable to the substantial understatement. Sec. 6013(e)(1). Linda bears the burden of proving that she satisfies each of the four requirements. Rule 142(a); Flynn v. Commissioner, 93 T.C. 355, 359 (1989). Her failure to satisfy any one of the requirements will preclude relief from liability. Park v. Commissioner, 25 F.3d 1289, 1292 (5th Cir. 1994), affg. T.C. Memo. 1993-252; Bokum v. Commissioner, 94 T.C. 126, 138 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). Respondent concedes that a joint return was filed for the 1989 tax year. She contends, however, that Linda does not meet the remaining requirements. We discuss these requirements in turn.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011