Francine Acquaviva - Page 26

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          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,           






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