- 13 - (1988). The record contains no evidence of the organization, operations, or business plan of Supertaps. Petitioner did not put on any evidence of the activities and motives of the Supertaps partnership. Without such evidence, it cannot be determined whether petitioner and her husband lacked any legal basis for deducting the Supertaps losses. See Kaye v. Commis- sioner, T.C. Memo. 1995-345. Therefore, despite petitioner's assertions to the contrary, we conclude that petitioner has not proven that there was no basis in fact or in law for deducting the 1981 loss in connection with the investment in Supertaps. Accordingly, we find that petitioner has not carried her burden in proving that the deduction is grossly erroneous. The 1982 Understatement From Unreported Income Petitioner also contends that she is entitled to innocent spouse relief with respect to the 1982 deficiency arising from $43,158 of unreported income earned on the Murphy Favre account. Respondent has conceded that this is a grossly erroneous item. Therefore, in order to prevail, petitioner must prove: (1) That the substantial understatement is attributable solely to Thomas Dillon; (2) that petitioner did not know or have reason to know of the understatement of tax at the time she signed the return; and (3) that it would be inequitable to hold petitioner liable for the deficiency resulting from this understatement. Respon- dent asserts that petitioner has failed to prove each of thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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