- 25 - sec. 6013(e)(1)(A); (2) there was a substantial understatement of tax attributable to grossly erroneous items of one spouse; sec. 6013(e)(1)(B); (3) at the time of signing the return, the other spouse did not know and had no reason to know that there was such an understatement; sec. 6013(e)(1)(C); (4) taking into account all the facts and circumstances, it would be inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to the understatement. Sec. 6013(e)(1)(D). For purposes of section 6013(e), an understatement of tax is substantial if it exceeds $500. Sec. 6013(e)(3). With respect to grossly erroneous deductions, the understatement must exceed a specified percentage of the putative innocent spouse’s gross income for the “preadjustment year”, which is the taxable year immediately preceding the year in which the statutory notice of deficiency was issued. Sec. 6013(e)(4). The taxpayer has the burden of proving each element by a preponderance of the evidence. Rule 142(a); Stevens v. Commissioner, 872 F.2d 1499, 1504 (11th Cir. 1989), affg. T.C. Memo. 1988-63; Purcell v. Commissioner, 826 F.2d 470, 473 (6th Cir. 1987), affg. 86 T.C. 228 (1986); Sonnenborn v. Commissioner, 57 T.C. 373, 382 (1971). Failure to carry that burden on any one of the elements will prevent a taxpayer from qualifying for innocent spouse relief. Purificato v. Commissioner, 9 F.3d 290, 293 (3d Cir. 1993), affg. T.C. Memo. 1992-580; Stevens v.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011