Legal Opinion

Flynn v. Commissioner

United States Tax Court

Decided September 20, 1989No. Docket No. 35109-83PublishedCited by 86 opinions

P claims to be an innocent spouse entitled to relief under sec. 6013(e), I.R.C. 1954, for the years 1974, 1975, and 1976. In order to qualify for such relief, P must establish that the understatements of tax were attributable to "grossly erroneous items." The deficiencies result from adjustments increasing income and decreasing losses from two subch. S corporations in which P's former husband was a shareholder.

Read the full summary

P claims to be an innocent spouse entitled to relief under sec. 6013(e), I.R.C. 1954, for the years 1974, 1975, and 1976. In order to qualify for such relief, P must establish that the understatements of tax were attributable to "grossly erroneous items." The deficiencies result from adjustments increasing income and decreasing losses from two subch. S corporations in which P's former husband was a shareholder. Held: 1. Secs. 1373 (prior to its 1982 amendment effective for years after 1982) and 6013(e) require that an increase to a shareholder's reported income from a subch. S corporation be…

1Opinion of the Court

RUWE, Judge:

Respondent determined deficiencies in petitioner’s Federal income taxes and additions to tax as follows:

Additions to tax

Year Deficiency sec. 6653(a) 1

1974 $24,026 $1,201

1975 6,821 341

1976 6,517 326

Respondent has conceded that petitioner is not liable for the additions to tax under section 6653(a). Petitioner does not contest the accuracy of respondent’s underlying deficiency determinations. The sole issue for decision is whether petitioner qualifies for relief from liability as an “innocent spouse” under section 6013(e).

FINDINGS OF FACT

Some of the facts have been stipulated and…

2Cases cited16 opinions

  1. Bettye A. Sanders v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  2. Sonnenborn v. CommissionerUnited States Tax Court · 1971
  3. Joyce Purcell v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1987
  4. Purcell v. CommissionerUnited States Tax Court · 1986
  5. Mysse v. CommissionerUnited States Tax Court · 1972

11 more not listed; retrieve them via the Exa API.

3Cited by86 opinions

  1. United States v. Bernice H. ShanbaumCourt of Appeals for the Fifth Circuit · 1994
  2. Bokum v. CommissionerUnited States Tax Court · 1990
  3. Richard D. Bokum, Ii, Margaret B. Bokum v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1993
  4. Jacquelyn Hayman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1993
  5. Estate of Krock v. CommissionerUnited States Tax Court · 1989

81 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API