- 7 - 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 prevent innocent spouse relief. Bokum v. Commissioner, 94 T.C. 126, 138-139 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). The parties stipulated that petitioner and Mr. Pewitt filed joint returns for 1980 through 1984 and that petitioners' 1981, 1982, 1983, and 1984 returns contained a substantial understatement of tax due to a grossly erroneous item. With respect to tax year 1980, the deficiency in income tax is $480. This amount ($480) does not constitute a "substantial understatement". A substantial understatement is an understatement, as defined in section 6662(d)(2)(A), which exceeds $500. Sec. 6013(e)(3). Section 6662(d)(2)(A) defines an "understatement" as the excess of the amount of tax required to be shown on the return over the amount of tax imposed which is shown on the return, reduced by any rebate. Consequently, because there is no substantial understatement involved for 1980, petitioner is precluded from obtaining relief as an innocent spouse under section 6013(e) for that year. We also hold that petitioner is not entitled to innocent spouse relief for the other years under consideration, namely 1981Page: Previous 1 2 3 4 5 6 7 8 9 Next
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