Dennis E. Pewitt and Kathleen M. Pewitt - Page 7

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          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 1981          





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