- 26 - relief, any participation in the wrongdoing on the part of the innocent spouse, and the effect of a subsequent divorce or separation. See S. Rept. 91-1537 (1970), 1971-1 C.B. 606, 607- 608. While the text of section 6013(e) no longer requires us to determine whether a spouse significantly benefited from the erroneous item, this factor is still considered to determine whether it is inequitable to hold a spouse liable. Belk v. Commissioner, 93 T.C. 434, 440 (1989); Purcell v. Commissioner, 86 T.C. 228, 241-242 (1986), affd. 826 F.2d 470 (6th Cir. 1987). In making this determination, normal support, measured by the circumstances of the parties, is not a significant benefit. Estate of Krock v. Commissioner, 93 T.C. 672, 678 (1989); Terzian v. Commissioner, T.C. at 1172; see sec. 1.6013-5(b), Income Tax Regs. Unusual support and receipt of property, however, would constitute a significant benefit. Terzian v. Commissioner, supra at 1172; see sec. 1.6013-5(b), Income Tax Regs. During the years at issue, petitioner received a $3,000 monthly allowance to take care of the household expenses, which included taking care of five children. This amount did not increase during this time, but at times, it decreased. This normal support for household expenditures is not considered to be a significant benefit. Also, during the same period of time, petitioner's standard of living did not increase in comparison to her standard of living in prior years. She lived in the same house since 1978.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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