- 26 - reported on their 1988 return. Petitioner has not shown that Ms. Dawson used the funds exclusively for her own benefit, and it appears to us that the funds were largely expended for the benefit of petitioner’s family or Ms. Dawson’s relatives. The record shows that petitioner enjoyed significant benefits, such as expensive remodeling of and furnishings for his home, a boat which was purchased and redecorated at significant cost, and vacations to the Caribbean and Disneyland. Petitioner has not established that such expenditures were characteristic of his accustomed lifestyle, and we conclude that the benefits they afforded him were unusual for his lifestyle. With respect to the other factors to be considered, we note that, while petitioner was not deserted by Ms. Dawson, they separated and were divorced in 1990. Such circumstance, however, does not outweigh the significant benefit that petitioner received from Ms. Dawson’s embezzlement. Petitioner also has not established that any hardships would be visited upon him were he not to be relieved from liability for the deficiency attributable to the omission of the embezzled funds from the 1988 return. We find, therefore, that it would not be inequitable to hold petitioner liable for the understatement attributable to the funds embezzled by Ms. Dawson in 1988. Based upon the foregoing, we hold that petitioner is jointly and severally liable for the deficiencies in, and additions to,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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