- 24 - We find that Mrs. Garrett has failed to show that it would be inequitable to hold her jointly and severally liable for the disputed taxes. An important factor in determining whether it is inequitable to hold a spouse liable is whether that spouse significantly benefited, either directly or indirectly, from the understatement of taxes. Belk v. Commissioner, 93 T.C. 434, 440 (1989); Purcell v. Commissioner, 86 T.C. 228, 242 (1986), affd. 826 F.2d 470 (6th Cir. 1987); sec. 1.6013-5(b), Income Tax Regs. Normal support is not considered a significant benefit. Terzian v. Commissioner, 72 T.C. 1164, 1172 (1979). Mrs. Garrett bears the burden of proving that she received no significant benefit from the unreported income other than normal support, and this burden must be supported with specific evidence of lifestyle expenditures, as well as asset acquisitions. Bokum v. Commissioner, 94 T.C. at 157; Estate of Krock v. Commissioner, 93 T.C. 672, 681 (1989). Mrs. Garrett failed to provide any evidence of lifestyle expenditures or asset acquisitions. In fact, she did not even testify at trial. Thus, Mrs. Garrett failed to show that she did not significantly benefit from the understatements in a manner that was above her normal support. Moreover, Mr. Garrett signed an indemnification agreement promising to pay all tax liabilities resulting from the filing of their joint tax returns through 1992. The effect of such a promise has been considered by this Court on several occasionsPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011