Estate of Keith L. Gurr - Page 17




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          understatement.  Kalinowski v. Commissioner, supra.  Therefore,             
          petitioner has not satisfied the requirement of section                     
          6015(b)(1)(C) with respect to the year 1993.                                
               Under section 6015(b)(1)(D), a spouse seeking relief from              
          joint liability must establish that it is inequitable to hold him           
          or her liable for the deficiency attributable to the                        
          understatement based upon due consideration of all the facts and            
          circumstances.                                                              
               One of the factors to be considered is whether the taxpayer            
          seeking relief has significantly benefited from the                         
          understatement on the return.  Sec. 1.6013-5(b), Income Tax Regs.           
          Transfers of property to the spouse seeking relief are relevant             
          in determining the existence of a significant benefit, and such             
          transfers are not limited to the tax years in which the                     
          understatement relates.  Kalinowski v. Commissioner, supra.  In             
          spite of the abusive nature of the marriage over the years,                 
          petitioner acquired numerous tracts of land in her name                     
          individually and in co-ownership with her spouse, Mr. Gurr.  She            
          was awarded those properties in the property settlement with Mr.            
          Gurr after the two were divorced.                                           
               The Court notes that the understatements at issue are based            
          upon adjustments by respondent to Schedules D of the tax returns            
          for 1992 and 1993.  All these adjustments are related to and                
          arose out of the real estate activity reported on Schedules C of            





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