Anthony J. Marzullo and Mary P. Marzullo - Page 11

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          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 will          




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