Rosemarie Meyer - Page 21

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               Furthermore, lavish expenditures existed as compared with              
          the family's earlier levels of income, standard of living, and              
          spending patterns.  Petitioner lived an extremely affluent                  
          lifestyle, residing in a Gatsbyesque mansion on Long Island's               
          fabled Gold Coast.  Such a high standard of living differed                 
          greatly from the modest lifestyle of the Meyer family when they             
          resided at the ranch house in Lindenhurst.  "To be entitled to              
          the benefits of section 6013(e) a spouse is not required to have            
          perfect knowledge of the family's finances; nor is * * * [he]               
          required to see that the family maintains a balanced budget;                
          however * * * [he] cannot close * * * [his] eyes to unusual or              
          lavish expenditures."  Mysse v. Commissioner, 57 T.C. 680, 699              
          (1972).  See also Resser v. Commissioner, supra at 1540.  Mrs.              
          Meyer's situation contrasts sharply with that of the petitioner             
          in Price v. Commissioner, 887 F.2d at 965, where there were no              
          unusually lavish expenditures when compared to prior levels of              
          income, standard of living and spending patterns, and the husband           
          took advantage of the petitioner's failure to understand                    
          financial matters.                                                          
               Furthermore, the record fails to show evasiveness or deceit            
          regarding the couple's finances on the part of Mr. Meyer.  Unlike           
          Friedman, where the husband concealed his gambling addiction and            
          the enormous amounts of money he had lost, no evidence suggests             
          that Mrs. Meyer's husband intentionally misled her or hid                   
          information from her that would support a grant of innocent                 




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