-13- Respondent objects, asserting that petitioner is precluded as a matter of law from being able to qualify as an innocent spouse with respect to the three adjustments in this case, i.e., the Investors Mining Program 77-5, the "London Options" futures contracts, and the Six Star Cablevision Management Corp. adjustments. In opposing petitioner's request to assert an innocent spouse defense for the first time, respondent relies on Russo v. Commissioner, 98 T.C. 28, 31 (1992), in which we denied a taxpayer's motion for leave to file an amendment to the petition to raise an innocent spouse defense. We therein concluded that such a belated amendment would be inconsistent with justice. Rule 41(a). We agree with respondent's position. Petitioner's innocent spouse claim is clearly untimely. See id.; Bernard v. Commissioner, T.C. Memo. 1995-332.7 Nevertheless, we are reluctant to rest our decision solely on the belatedness of the claim. See Wilson v. Commissioner, 500 F.2d 645 (2d Cir. 1974), revg. and remanding T.C. Memo. 1973-92. Accordingly, we shall discuss whether petitioner has proven that she might prevail upon her innocent spouse claim with respect to the adjustments determined in the notice of deficiency. Spouses who file a joint income tax return generally are jointly and severally liable for its accuracy and the tax due, including any additional taxes, interest, or penalties determined 7 Petitioner's untimely late-hour assertion of innocent spouse has many of the earmarks of a proceeding maintained by the taxpayer primarily for delay. See sec. 6673(a)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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