Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 37

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               and this resulted in the 1980 tax refund that Nancy received           
               in 1988 being greater than it would otherwise have been.               
               Petitioners maintain that section 1.6013-5(b), Income Tax              
          Regs., "disqualify a spouse for relief under Section 6013(e) only           
          where the alleged benefit is derived from the omitted income and            
          traceable to the omitted income (or deduction in this case)."               
          They also maintain that (1) the New Jersey home was bought in               
          1976 from the funds not traceable to any refund of 1981 tax; (2)            
          Nancy received only normal support, at a level attained before              
          the 1981 tax refund; (3) the life insurance proceeds are not                
          traceable to the 1981 tax refund; (4) the mortgage payments are             
          properly treated as part of normal support at a level established           
          before the 1981 tax refund; and (5) the tax refund that Nancy               
          received in 1988 resulted from an abatement of 1980 tax liability           
          that "had absolutely no relationship to the 1981 tax year."                 
               We agree with respondent's conclusion and contention as to             
          the tax refund Nancy received in 1988.                                      
               Under section 6013(e)(1)(D), Nancy is not entitled to                  
          innocent spouse treatment unless she can show that "taking into             
          account all the facts and circumstances, it is inequitable to               
          hold [her] *  *  * liable for the deficiency in tax *  *  *                 
          attributable to such substantial understatement".  This provision           
          of the statute specifically directs us to take into account                 







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