- 12 - States, 853 F. Supp. 396 (M.D. Fla. 1993) (where the treatment accorded compensation expense was held not to have been reasonable and in good faith but the treatment of depreciation was held to have satisfied such requirement); Metra Chem Corp. v. Commissioner, 88 T.C. at 661-662 (where the treatment of cash dividends actually received, which are customarily recognized as taxable, overcame the reliance on professional advice and constituted negligence but such reliance avoided negligence where depreciation was involved). We hold that petitioners are not liable for the accuracy- related penalty. Innocent Spouse Section 6013(e)(1) provides if: (A) a joint return has been made under this section for a taxable year, (B) on such return there is a substantial understatement of tax attributable to grossly erroneous items of one spouse, (C) the other spouse establishes that in signing the return he or she did not know, and had no reason to know, that there was such substantial understatement, and (D) taking into account all the facts and circumstances, it is inequitable to hold the other spouse liable for the deficiency in tax for such taxable year attributable to such substantial understatement, then the other spouse shall be relieved of liability for tax (including interest, penalties, and otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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