- 2 - Additions to Tax Year Deficiency Sec. 6653(a)(1)Sec. 6653(a)(2)Sec. 6659 Sec. 6661 1980 $28,885 $1,444.25 --- --- --- 1981 37,414 1,870.70 1 $11,224.20 1982 57,560 2,878.00 2 $5,756.00 1 50% of the interest due on $37,414 2 50% of the interest due on $57,560 After concessions,1 the issue for decision is whether petitioner qualifies for innocent spouse relief under section2 6013(e), for taxable years 1980, 1981, and 1982. We hold that she qualifies for innocent spouse relief. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and attached exhibits are incorporated herein. Petitioner resided in Northridge, California, when the petition was filed. Background During the years at issue, petitioner was married to Peter F. Aude (Mr. Aude). Petitioner and Mr. Aude were divorced in 1 In April of 1988, petitioner and respondent entered into two Stipulations of Agreed Issues providing that if petitioner did not prevail in her innocent spouse claim, she would be entitled to take advantage of the settlement offer extended to petitioner’s former husband (Mr. Aude). Petitioner has conceded that she is not allowed the claimed interest expense deductions of $1,725 in 1981 and $2,875 in 1982. Therefore, petitioner is liable for the portion of the 1981 and 1982 income tax understatements relating thereto. 2 All section references are to the Internal Revenue Code in effect for the years in issue, unless otherwise indicated. All Rule references are to the Tax Court Rules of Practice and Procedure.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