-11- by $24,794 for 1987 and decreased them by $4,068 for 1988. OPINION Issue 1. Innocent Spouse The adjustments giving rise to the deficiencies (the understatement) fall into three categories: Unreported income of Mr. Marzullo from his employment at the College; understated income of MPM; and disallowed itemized deductions. Mrs. Marzullo contends that she is not liable for the understatement attributable to any of these items because she qualifies for tax relief as an innocent spouse pursuant to section 6013(e). Spouses who file a joint return generally are jointly and severally liable for its accuracy and the tax due, including any additional taxes, interest, or penalties determined on audit of the return. Sec. 6013(d)(3). However, pursuant to section 6013(e), a spouse (commonly referred to as an innocent spouse) can be relieved of tax liability if that spouse proves: (1) A joint return was filed; (2) the return contained a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) in signing the return, the spouse seeking relief did not know, and had no reason to know, of the substantial understatement; and (4) it would be inequitable to hold the relief-seeking spouse liable for the deficiency attributable to the understatement. Sec. 6013(e)(1). The spouse seeking relief bears the burden of proving that each of the four requirements has been satisfied. In other words, failure to prove any one of the statutory requirements willPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011