- 13 - We have found that petitioners filed a joint return for each of the years in issue, and respondent concedes that there was an understatement of tax attributable to Mr. Von Kalinowski. Accordingly, we shall address whether petitioner lacked actual and constructive knowledge of the understatements as required by section 6015(b)(1)(C) as well as whether it is inequitable to hold petitioner liable for the understatements as required by section 6015(b)(1)(D). Petitioner carries the burden of proof as to each of these elements. See Rule 142(a). B. Relation Between Sec. 6015(b)(1) and Former Sec. 6013(e) Before delving into the particulars of section 6015(b)(1), we pause to note its relation to former section 6013(e). In 1971, Congress enacted section 6013(e) in order to correct perceived grave injustices resulting from the imposition of joint and several liability. See S. Rept. 91-1537, at 2 (1970), 1971-1 C.B. 606, 607; see also Act of Jan. 12, 1971, Pub. L. 91-679, sec. 1, 84 Stat. 2063 (enacting sec. 6013(e)), as amended by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 424, 98 Stat. 494, 801. Section 6013(e), as amended, provided that a spouse could be relieved of joint and several liability if the spouse proved that: (1) A joint income tax return was filed; (2) the return contained a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) in signing the return, the relief-seeking spouse did not know, and had noPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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