Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 42

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          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 of             





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