- 27 - 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 hardshipsPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011