Lloyd E. Dawson, Jr. - Page 25

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          Buchine v. Commissioner, 20 F.3d 173, 181 (5th Cir. 1994), affg.            
          T.C. Memo. 1992-36; sec. 1.6013-5(b), Income Tax Regs.  Normal              
          support, which is to be measured by a couple’s circumstances, is            
          not considered a significant benefit.  Sanders v. United States,            
          supra at 168; Terzian v. Commissioner, 72 T.C. at 1172; Mysse v.            
          Commissioner, 57 T.C. at 699.  A significant benefit exists if              
          expenditures have been made which are unusual for the taxpayer’s            
          accustomed lifestyle.  Terzian v. Commissioner, supra.  Other               
          factors include:  (1) Whether the spouse seeking relief has been            
          deserted by the other spouse or is divorced or separated from               
          that spouse, sec. 1.6013-5(b), Income Tax Regs.; and (2) probable           
          future hardships that would be visited upon the purportedly                 
          innocent spouse were he or she not relieved from liability,                 
          Sanders v. United States, supra at 171 n.16.                                
               We conclude, based on the record in the instant case, that             
          petitioner received a significant benefit from the funds that Ms.           
          Dawson embezzled in 1988.  The embezzled funds allowed more funds           
          to be available for petitioner’s household than were provided by            
          the wage income that was earned by petitioner and Ms. Dawson and            


          9(...continued)                                                             
          longer expressly requires that a taxpayer seeking relief as an              
          innocent spouse show that he or she did not significantly benefit           
          from items of income omitted from a joint return, the question of           
          significant benefit is nonetheless a factor properly to be                  
          considered in deciding whether it is inequitable to hold a spouse           
          liable for the understatement attributable to the omission.                 
          Estate of Krock v. Commissioner, 93 T.C. 672, 678 (1989); Purcell           
          v. Commissioner, 86 T.C. 228, 241 (1986), affd. 826 F.2d 470 (6th           
          Cir. 1987).                                                                 




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