- 13 - not own the property in order to have standing to contest its forfeiture; a lesser property interest, such as a possessory interest, is sufficient for standing." United States v. $38,000.00 in U.S. Currency, 816 F.2d 1538, 1544 (11th Cir. 1987). Considering all the facts and circumstances herein, we conclude that petitioners are not required to include in gross income the $106,000 of forfeited funds. Thus, we hold that petitioners are not liable for the 1991 deficiency. Based upon our holding above that petitioners are not liable for the 1991 deficiency, we need not decide whether Mrs. Arcia was an innocent spouse in that year. Moreover, as a result of our holding that petitioners are not liable for the 1991 deficiency, no part of the section 6651(a)(1) addition to tax is attributable to the deficiency, and consequently we have no jurisdiction over this addition. See sec. 6665(b); Meyer v. Commissioner, 97 T.C. 555, 562 (1991). Finally, based upon our holding that no understatement exists, we need not address whether petitioners are liable for the section 6662(a) penalty. To reflect the foregoing, Decisions will be entered for petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011