Sherry P. Aude - Page 2

                                        - 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.                                                                  




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