- 22 - 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 hisPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011