- 21 - spouses; (2) there is a substantial tax understatement attributable to grossly erroneous items of the other spouse; (3) in signing the return, the claimed "innocent spouse" did not know, and had no reason to know, of the substantial tax understatement; and (4) taking into account all the facts and circumstances, it would be inequitable to hold the claimed "innocent spouse" liable for the deficiency attributable to the tax understatements. Sec. 6013(e)(1). Mrs. Wilkinson bears the burden of proving that each of these requirements is satisfied, and her failure to satisfy any one of these requirements precludes "innocent spouse" relief. Rule 142(a); Friedman v. Commissioner, supra at 529; Bliss v. Commissioner, 59 F.3d 374, 378 (2d Cir. 1995), affg. T.C. Memo. 1993-390. In this case we focus on the second prong of the analysis. In order for a taxpayer to qualify as an innocent spouse, there must be a substantial tax understatement which is attributable to grossly erroneous items of the other spouse. "Substantial understatement" is defined as "any understatement (as defined in section 6662(d)(2)(A)) which exceeds $500." Sec. 6013(e)(3). Referencing section 6662(d)(2)(A), "understatement" is defined as "the amount of the tax required to be shown on the return for the taxable year, over * * * the amount of the tax imposed which is shown on the return". As a threshold matter, the innocent spouse defense is not available to Mrs. Wilkinson because there is no substantial tax understatement for either 1988 or 1989. TherePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011