Linda S. Dillon - Page 13

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          (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 these              





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