Sharon Lee Bartlett, F.K.A. Heitzman - Page 48

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          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 separated           



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