- 48 - 3. Equities Petitioner must show, based on all the facts and circumstances, that it would be inequitable to hold her liable for the deficiency attributable to the substantial understatement. Sec. 6013(e)(1)(D); sec. 1.6013-5(b), Income Tax Regs. Relevant factors include: (1) Whether the taxpayer seeking relief significantly benefited, directly or indirectly; (2) whether the spouse seeking relief has been deserted, divorced, or separated from the other spouse, and; (3) the probable hardships that would befall the spouse seeking relief if she were not relieved of joint liability. The record reveals that petitioner did not significantly benefit from the grossly erroneous deduction attributable to Mr. Heitzman’s interest in Stonehurst. Mr. Heitzman spent $43,400 purchasing his interest. His total claimed State and Federal income tax savings were $66,990. Mr. Heitzman netted no more than $23,590 from the Stonehurst deductions. The record does not show the disposition of these funds. However, money being fungible, petitioner must show that she did not even indirectly benefit. Normal support does not constitute a “significant benefit”, Flynn v. Commissioner, supra at 367, and is measured by the circumstances in each case, id. Petitioner’s and Mr. Heitzman’s standard of living, while comfortable throughout this period, did not appreciably change in 1979 or thereafter until they separatedPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011