- 42 - instant case, Nancy had practically no income for 1981, and so innocent spouse treatment would not relieve her from a liability she would have had even if she had filed a separate tax return. Thus, this consideration should not disqualify Nancy from innocent spouse status. If our analysis were to end at this point, then we would conclude that it is inequitable to hold Nancy liable for the 1981 deficiency in tax. However, Nancy directly received a $54,372.61 benefit from the tax savings produced by the State Coal royalty deduction. The tax refund check for 1980, received by Nancy in 1988 in the amount of $128,715.36, included $54,372.61 of Sheldon's withheld income tax for 1981 (plus the interest thereon), which amount would not have been available for transfer to the 1980 tax year if the State Coal royalty deduction had not created the $185,361 tax saving for 1981. We consider this to be a significant benefit. Thus, Nancy received a significant benefit on account of the grossly erroneous item. In light of the foregoing, we conclude, and we have found, that it is not inequitable to hold Nancy liable for the deficiency. Petitioners contend that the 1988 refund of 1980 taxes resulted from an abatement of 1980 tax liability and was not related to 1981. However, whatever may have been the source ofPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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