Francine Acquaviva - Page 27

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          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.                                              




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