- 44 -
passing, however, that the record fails to support her assertion
that it would be, in light of the factors set forth in Friedman
v. Commissioner, 53 F.3d at 532. See also Meyer v. Commissioner,
T.C. Memo. 1996-400; Wimpie v. Commissioner, supra. To say the
least, Mrs. Fields benefited significantly from the unreported
commissions in that the unreported funds allowed her to make
substantial renovations and redecorations to her home, to
purchase vacation property and a boat, and to send her children
to an exclusive school, among other things. Petitioners also
sold their home in Rye, New York, in 1994 for almost three times
the amount that they paid for it in 1979, and they realized a
$350,000 profit on their sale of the undeveloped land. It is
also relevant to our inquiry of inequity that petitioners were
still married and unseparated at the time of their trial herein;
i.e., this is not a case where one taxpayer on a joint return has
left the other to "face the music alone." See Hayman v.
Commissioner, supra at 1263. Nor do we find any meaningful
hardship that would result to Mrs. Fields by denying her innocent
spouse relief.
__________________________
We have considered all arguments made by petitioners and, to
the extent not discussed above, have found them to be irrelevant
or without merit. To reflect the foregoing,
Decision will be entered
under Rule 155.
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