Sherry P. Aude - Page 27

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          Petitioner and Mr. Aude only went on one vacation during the 3              
          years at issue.  Their lifestyle was not lavish.  We find that              
          these expenditures amounted to normal support and did not rise to           
          the level of unusual support.                                               
               Respondent relies on the fact that even though petitioner              
          did not control the family wealth, she benefited by having                  
          additional funds available to help support her and her children             
          and also benefited in the divorce settlement.  In the divorce               
          decree, tax refunds were not apportioned to petitioner, and Mr.             
          Aude acquired the Magnum investment.  Petitioner received her               
          share of the marital assets, which included the family home,                
          household furniture, personal effects, a station wagon, and an              
          interest in Mr. Aude's retirement account.  Also, while Mr. Aude            
          was ordered to pay alimony to petitioner, Mr. Aude was at times             
          in arrears.  The amount of alimony, which ranged from $3,000 per            
          month in 1983 to $2,000 per month in 1986, was not extraordinary            
          in terms of her standard of living during the Audes' marriage.              
          Also, the increase in child support, which ranged from $1,000 per           
          month in 1983 to $1,500 per month in 1986 to $2,650 per month in            
          1989 to $1,600 per month currently, was due in part to Erik's               
          medical costs.  We do not find that petitioner significantly                
          benefited from the tax savings attributable to the losses claimed           
          from the Magnum investment.                                                 
               In assessing the equity in holding a spouse liable under               
          section 6013(e), we also consider the probable future hardships             




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