Michele D. Livingston - Page 10




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          1.   Respondent’s Justification as to the Asserted 1990                       
               Deficiency                                                               
               Respondent had a reasonable basis in law and fact for                    
          concluding that petitioner and Theron were jointly liable for a               
          deficiency as determined in the notice of deficiency for taxable              
          year 1990.  Theron had admitted that he had unreported income in              
          1990 as determined in the criminal net worth computation.  As we              
          stated in Livingston v. Commissioner, T.C. Memo. 2000-121,                    
          Theron’s admission was strong evidence of the validity of the                 
          1990 criminal net worth computation and consequently of the 1990              
          civil net worth computation, upon which the 1990 deficiency                   
          determination was predicated.                                                 
          2.  Respondent’s Justification as to Denial of Petitioner’s                   
               Claim for Relief From Joint Liability                                    
                    a.  Period Before Repeal of Former Section 6013(e)                  
               As described above, during the administrative proceedings                
          and throughout the trial of this case, the applicable statutory               
          provision for relief from joint liability was former section                  
          6013(e), which was repealed shortly after the trial and replaced              
          by section 6015, effective July 22, 1998.  See RRA sec. 3201(a),              
          (e)(1).  Under former section 6013(e), to qualify for relief, a               
          taxpayer had to establish that:  (1) A joint Federal income tax               
          return was filed; (2) there was a substantial understatement of               
          tax attributable to grossly erroneous items of the other spouse;              
          (3) in signing the return, the spouse seeking relief did not                  






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