- 27 - she is not entitled to relief as an innocent spouse with respect to this item. c. 1987 Taxable Year With respect to the 1987 taxable year, Magnum paid $23,552 for landscaping services to the Acquavivas' home and, in addition, issued a check in the amount of $4,400 directly to Mr. Acquaviva. Again, petitioner's lifestyle was enhanced by these landscaping services to her home. We find that the 1987 constructive dividend attributable to landscaping services benefited petitioner beyond normal support. With regard to the $4,400 check to Mr. Acquaviva, petitioner did not present any evidence on how it was used. Therefore, as to the $4,400, she has failed to establish that it would be inequitable to hold her liable for the deficiency. We hold that it is not inequitable to hold petitioner liable for the portion of the deficiency attributable to the 1987 constructive dividend; thus, she is not entitled to relief as an innocent spouse under section 6013(e) with respect to this item. For the foregoing reasons, we hold that petitioner is entitled to "innocent spouse" relief under section 6013(e) for the portion of the deficiency for 1986 attributable to the condemnation award, but she is not entitled to "innocent spouse" relief with respect to the deficiency for 1985 or with respect to the portions of the deficiencies for 1986 and 1987 attributable to the constructive dividends.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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