Floyd L. Garrett and Dorothy G. Garrett - Page 24

                                       - 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 occasions              




Page:  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