Eloise Gaddy Joens - Page 16

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            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 to                             






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