I.C. Hemmings and Sue B. Hemmings, et al. - Page 15

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          all the facts and circumstances, it would be inequitable to hold            
          her liable for the deficiencies.  Sec. 6013(e)(1)(A) through (D).           
          In addition, the understatement must exceed 10 percent of her               
          adjusted gross income for the preadjustment year.  Sec.                     
          6013(e)(4).                                                                 
               Respondent concedes that there were joint returns filed,               
          that there were substantial understatements attributable to Mr.             
          Hemmings, and that the requirements of section 6013(e)(4) are               
          met.  We, therefore, are faced with the questions whether the               
          ACLI and ELMS deductions are grossly erroneous items, whether               
          Mrs. Hemmings knew or had reason to know of the substantial                 
          understatements, and whether it would be inequitable to hold her            
          liable for the resulting deficiencies.                                      
          A. Grossly Erroneous Items                                                  
               Not all disallowed deductions are grossly erroneous items.             
          Douglas v. Commissioner, 86 T.C. 758, 763 (1986).  The phrase               
          includes "any claim of a deduction * * * in an amount for which             
          there is no basis in fact or law."  Sec. 6013(e)(2)(B).  A                  
          deduction has no basis in fact where the transaction never took             
          place and has no basis in law where no substantial legal argument           
          can be made to support its deductibility.  Douglas v.                       
          Commissioner, supra at 762-763.                                             
               Mr. and Mrs. Hemmings claimed deductions for losses, and               
          respondent disallowed the deductions in this case on the grounds,           
          inter alia, that they had no basis in fact and no basis in law              




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