- 13 - 1985. In addition, net operating loss deductions were carried back to 1981 and 1982. Although petitioner and Philip entered into their marriage on a similar footing as to assets, Philip had a substantial earning capacity and, from the beginning, was able to provide a high standard of living for himself, petitioner, and petitioner's daughters. Throughout the period under consideration, petitioners lived in high-quality residences. However, the important factor here is that their standard of living did not increase, either during or after the years that the grossly erroneous deductions drastically reduced their tax liability. Ultimately, in the separation agreement, petitioner received a partnership interest that provided her with about $4,300 per month, the right to the Fire Island property, a moderately priced 1986 automobile, and claim to her joint share of any equity in the condo. The $4,300 amount appears to approximate the monthly living expenditures attributable to petitioner. At the time of the separation agreement, the condo was substantially mortgaged, the Fire Island property had a relatively large mortgage, and the automobile was about 4 years old. The bulk of the assets received in accordance with the separation agreement was purchased for cash prior to the deduction of the "grossly erroneous items" in question. Other than a fur coat, petitioner did not receive lavish assets or jewelry during the marriage.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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