J. Brent Haymond and Janis S. Haymond - Page 12

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          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 other                      




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