Rosalinda E. Alt - Page 15




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          circumstances”.  Sec. 6015(b)(1)(D).  The most often cited                    
          material factors to be considered are (1) whether there has been              
          a significant benefit to the spouse claiming relief, and (2)                  
          whether the failure to report the correct tax liability on the                
          joint return results from concealment, overreaching, or any other             
          wrongdoing on the part of the other spouse.  Jonson v.                        
          Commissioner, 118 T.C. 106, 119 (2002).                                       
               It is clear that the tax savings were beneficial to both                 
          petitioner and Dr. Alt.  Petitioner and Dr. Alt were able to                  
          purchase various properties during the years at issue.  For                   
          example, petitioner and Dr. Alt purchased homes for each of their             
          children.  Petitioner and Dr. Alt also purchased a 600-acre                   
          riverfront property upon which a Georgian mansion was being                   
          built.  Further, petitioner and Dr. Alt were able to purchase a               
          business for their son and fully pay for their children to attend             
          undergraduate and graduate schools.  Petitioner and Dr. Alt were              
          also able to indulge petitioner’s interest in antiques.  These                
          purchases obviously benefited petitioner.                                     
               It is also clear that there was no concealment on Dr. Alt’s              
          part.  Petitioner made deposits for Dr. Alt and Karen.  Further,              
          petitioner was fully aware that Karen was involved in her                     
          financial affairs.  Petitioner presented no evidence that Dr. Alt             
          ever attempted to deceive her with respect to their financial                 
          affairs.                                                                      






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Last modified: May 25, 2011