Debra L. Streck and Donald W. Streck - Page 14

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          tax due on their joint Federal income tax returns.  Sec. 6013(d).           
          In limited circumstances, however, a spouse may qualify as an               
          "innocent spouse" and be relieved of joint and several liability.           
          Sec. 6013(e).  The spouse seeking relief under section 6013(e)              
          bears the burden of proof.  Rule 142(a); Bokum v. Commissioner,             
          94 T.C. 126, 138 (1990), affd. 992 F.2d 1132 (11th Cir. 1993).              
               In order for Mrs. Streck to qualify for innocent spouse                
          status, she must prove that:  (1) Petitioners filed a joint tax             
          return; (2) on that joint tax return, there was a substantial               
          understatement of tax attributable to grossly erroneous items of            
          the other spouse; (3) in signing the joint tax return, she did              
          not know, nor have reason to know of the substantial                        
          understatement; and (4) taking into account all the facts and               
          circumstances, it is inequitable to hold her liable for any                 
          deficiency attributable to the substantial understatement.  Sec.            
          6013(e)(1)(A)-(D).  Failure to meet any one of these requirements           
          will prevent Mrs. Streck from qualifying as an innocent spouse.             
          Bokum v. Commissioner, supra at 138.  The parties agree that                
          petitioners filed joint tax returns for 1983, 1984, 1985, and               
          1986.  Respondent also concedes that there are substantial                  
          understatements on petitioners' tax returns for those years and             
          that the unreported income for the years 1983 through 1985                  
          constitutes grossly erroneous items of Mr. Streck.14                        

               14Mrs. Streck claims that for purposes of sec. 6013(e), the            
                                                             (continued...)           




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