Francine Acquaviva - Page 22

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          real estate activities, which activities generated that income,             
          or how he invested that income.                                             
                    c.  Family Lifestyle                                              
               Petitioner enjoyed an affluent lifestyle during the years in           
          issue, but that lifestyle was consistent with that of preceding             
          years.  The record reflects that the family lived in the same               
          five-bedroom home located in an upscale neighborhood of Holmdel,            
          New Jersey, prior to and during the years in issue.  The record             
          also indicates that items of jewelry, luxury automobiles,                   
          household help, family vacations, and a summer home had all been            
          a part of the family's lifestyle since at least the mid-1970's.             
               Respondent points out that Mr. Acquaviva gave his wife                 
          several items of expensive jewelry in 1985, focusing on the value           
          of the gifts in relation to the family's adjusted gross income.             
          We are mindful that "one person's luxury can be another's                   
          necessity, and the lavishness of an expense must be measured from           
          each family's relative level of ordinary support." Sanders v.               
          United States, 509 F.2d 162, 168 (5th Cir. 1975).  We note that             
          these items were given to petitioner in conjunction with the                
          couple's 25th wedding anniversary and, though expensive, were not           
          disproportionate to the Acquavivas' standard of living.                     
                    d.  Evasiveness                                                   
               Mr. Acquaviva, while not evasive, did not share information            
          about his financial decisions or his business activities with               
          petitioner.  Mr. Acquaviva considered all matters related to his            




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