- 26 - ownership from the condemnation award. Furthermore, we are satisfied that petitioner's lifestyle did not change on account of her husband's receipt of the condemnation award. Although petitioner may have received some benefit from the 1986 condemnation award, we believe that such a benefit did not exceed her normal level of support, which is not a significant benefit. Flynn v. Commissioner, 93 T.C. 355, 367 (1989). We conclude that petitioner did not derive a significant benefit from Mr. Acquaviva's omission of the 1986 condemnation award. Accordingly, under the facts and circumstances of this case, we find that it would be inequitable to hold petitioner liable for that portion of the deficiencies in tax arising from Mr. Acquaviva's understatement of income attributable to the 1986 condemnation award. The same cannot be said of the 1986 constructive dividends. Here the evidence demonstrates that petitioner benefited from the constructive dividends paid to Mr. Acquaviva. During 1986, Magnum paid $23,890 for the installation of a swimming pool at the Acquavivas' home and $20,000 for home improvements. Petitioner's lifestyle was enhanced by these home improvements. We find that the 1986 constructive dividend was used to benefit petitioner beyond normal support. We hold that it is not inequitable to hold petitioner liable for the portion of the deficiency attributable to the 1986 constructive dividends; thus,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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