Gerald Jacoby and Arlene Jacoby - Page 21

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            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 had                                   




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