- 16 - Paris, petitioner opened a bank account (the account). At trial, petitioner testified that she did not want to open the account, but her friend insisted. Petitioner claims that her girlfriend even gave her the $3,000 with which to open the account. Petitioner claims the reason she opened the account was so she could be "a lady of the '80s". Coincidentally, petitioner testified that deposits could also be made to the account from the Bahamas, the very location from which Emmens, her then- husband, was smuggling narcotics. Furthermore, the husband of petitioner's girlfriend was also involved in the drug business with Emmens. Thus, we reject petitioner's argument that the substantial understatement was attributable solely to Emmens' grossly erroneous items. We find that petitioner assisted Emmens in drug smuggling and enjoyed the benefits of the illegally generated and unreported income. Petitioner did not satisfy this second requirement and is not entitled to innocent spouse relief. Knowledge of Understatements on the Returns Assuming however, arguendo, that petitioner satisfied the grossly erroneous requirement, she still is not entitled to innocent spouse status. To be entitled to relief as an innocent spouse, petitioner must show that, in signing the joint returns for the years in issue, she did not know and had no reason toPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011