Anthony J. Marzullo and Mary P. Marzullo - Page 12

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          prevent innocent spouse relief.  Bokum v. Commissioner, 94 T.C.             
          126, 138-139 (1990), affd. 992 F.2d 1132 (11th Cir. 1993).                  
               MPM Income                                                             
               We first consider Mrs. Marzullo's entitlement to relief with           
          respect to the understatement resulting from the understated income         
          of MPM.  Respondent concedes the first statutory requirement--that          
          a joint return was filed--was satisfied.2                                   
               The second requirement is that  the  understatement  is                
          "attributable" to the income of the other spouse (in this case, Mr.         
          Marzullo).  Respondent asserts that the understatement resulting            
          from the entire understated income of MPM should be attributable to         
          Mrs. Marzullo, claiming that MPM should be viewed as a sole                 
          proprietorship, with Mrs. Marzullo the proprietor. As would be              
          expected, petitioners disagree with respondent's position,                  
          asserting instead that the corporate identity of MPM should be              
          respected for tax purposes. Further, petitioners counter                    
          respondent's argument by claiming that all the unreported income of         
          MPM should be attributable to Mr. Marzullo because he had an                
          ownership interest in MPM and was the one who intentionally                 
          understated MPM's gross receipts and net profits.                           
               While  we  agree  with  respondent's  position  that  MPM's            
          unreported  income  (the  grossly  erroneous  item)  should  be             


               2    Although petitioners claim that Mrs. Marzullo did not             
          sign the 1986 and 1987 tax returns, they do not disclaim the fact           
          that those returns are in fact joint returns.                               




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