Rosemarie Meyer - Page 24

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          significant benefit, although it remains an important factor.               
          Hayman v. Commissioner, 992 F.2d at 1262; Estate of Krock v.                
          Commissioner, supra at 678; sec. 1.6013-5(b), Income Tax Regs.              
               Normal support, as measured by the circumstances of the                
          parties, is not considered a significant benefit for purposes of            
          determining whether denial of innocent spouse relief would be               
          inequitable under section 6013(e)(1)(D).  Flynn v. Commissioner,            
          93 T.C. at 367; Purcell v. Commissioner, 86 T.C. at 242.                    
          However, a significant benefit may be found where the omitted               
          income is used not merely to pay a few household expenses, but to           
          maintain a married couple's "unusual lifestyle".  Estate of Krock           
          v. Commissioner, supra at 683-684.  Tax savings, such as those              
          deriving from the omission of income and the erroneous Schedule C           
          deduction, constitute a significant benefit as well.  Bokum v.              
          Commissioner, 94 T.C. at 157.                                               
               The amount of the understatement in the instant case                   
          provided funding for unusual expenditures and asset acquisitions            
          for the benefit of petitioner beyond whatever might have been               
          normal support.  See supra pp. 3-4.  In sum, petitioner's                   
          lifestyle improved significantly as a result in part of the                 
          constructive dividend income and disallowed Schedule C expenses.            
          Sanders v. United States, 509 F.2d at 168.                                  
               Even if the Court were to credit Mrs. Meyer's self-serving             
          testimony that the mansion was a "monster" and that she derived             
          no pleasure from her opulent surroundings, acquiring savings and            




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