- 21 - known Gelda for many years, trusted him, and knew that he had prepared the Forms 1040. In addition, Gerald assured petitioner that Gelda properly prepared the Form 1040 and that it presented no problem for her. We conclude that petitioner did not know, and did not have reason to know, that the deductions would give rise to a substantial understatement. In determining whether it would be inequitable to hold petitioner jointly liable for the deficiencies, we consider whether she significantly benefited from the erroneous items of the other spouse. Purificato v. Commissioner, 9 F.3d 290, 296 (3d Cir. 1993), affg. T.C. Memo. 1992-580; Estate of Krock v. Commissioner, 93 T.C. 672, 677 (1989). Any significant benefit received by petitioner must be considered in the totality of the circumstances. Busse v. United States, 542 F.2d 421, 427 (7th Cir. 1976). Normal support is not considered a significant benefit. Belk v. Commissioner, 93 T.C. 434, 440 (1989). We look at the lifestyle to which the taxpayer is accustomed when considering what constitutes normal support. Id. Gerald invested in his businesses the tax savings derived from the tax shelter investments. The tax savings were not used to better petitioner's standard of living. Gerald sold his business interests in 1984 and 1985, and petitioner received no proceeds from those sales. Petitioner's family vacations and use of the pleasure boat were consistent with the lifestyle to which the Jacobys hadPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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