Harvey I. Epstein and Arlene B. Epstein - Page 15

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          house but also the house furnishings and the art collection, have           
          no apparent significance in the determination of whether                    
          petitioner received any benefit from the understatement.                    
               Another factor to be considered is whether the spouses have            
          been divorced.  Flynn v. Commissioner, supra at 367; sec. 1.6013-           
          5(b), Income Tax Regs.  Given the couple's uneasy relationship              
          throughout their marriage, we do not attach particular                      
          significance to the fact that they have remained together.                  
          Petitioner characterized her marriage as not one "made in                   
          heaven", and testified that because of her chronic health                   
          problem, which appears to have persisted throughout most of her             
          adult life, she "couldn't think of leaving, because how was I               
          going to take care of myself?"  Petitioner first discovered in              
          1984 that Harvey had been "sheltering" his income in the relevant           
          years.  Other recent cases have considered the impact and                   
          reliability of a spouse's promise to pay any tax deficiencies               
          resulting from grossly erroneous items.  See, e.g., Friedman v.             
          Commissioner, T.C. Memo. 1995-576 (on remand from 53 F.3d 523);             
          Stiteler v. Commissioner, T.C. Memo. 1995-279; Foley v.                     
          Commissioner, T.C. Memo. 1995-16.  But in the instant case the              
          record only reveals a struggle by both spouses to pay                       
          unidentified Federal tax bills, with Arlene contributing $34,000            
          at one point from money received from her father, and the couple            
          selling their comfortable home to raise cash with which to pay              





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