- 9 - conclude that Linda did not know, and had no reason to know, of the substantial understatement of tax attributable to the omission from gross income. III. Inequity Requirement Linda must prove that, taking into account all the facts and circumstances, it would be inequitable to hold her liable for the deficiency. Sec. 6013(e)(1)(D). In determining whether it would be inequitable to hold Linda liable, we consider whether she "significantly benefitted" from the understatement of tax. Buchine v. Commissioner, 20 F.3d 173, 181 (5th Cir. 1994), affg. T.C. Memo. 1992-36; Belk v. Commissioner, 93 T.C. 434, 440 (1989); sec. 1.6013-5(b), Income Tax Regs. Normal support is not considered a significant benefit. Terzian v. Commissioner, 72 T.C. 1164, 1172 (1979); sec. 1.6013-5(b), Income Tax Regs. We consider the lifestyle to which the taxpayer is accustomed when considering what constitutes normal support. Sanders v. United States, supra at 168; Belk v. Commissioner, supra. Respondent contends that Linda significantly benefited from the understatement, because in 1989 Ronnie bought her a $23,000 Cadillac. At trial, the Court asked Linda's counsel to explain why the Cadillac did not constitute a substantial benefit to Linda. Linda's counsel failed to adequately address this question. Moreover, Linda failed to address this issue in both her opening and reply briefs. In essence, Linda did not presentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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