I.C. Hemmings and Sue B. Hemmings, et al. - Page 21

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          exorbitant.  More important, Mrs. Hemmings played no role in the            
          family's business and/or investments.  She did not even control             
          the income from her assets.  While she was not subject to any               
          abuse, it is obvious that Mr. Hemmings totally dominated the                
          financial side of the marriage.  It is true that Mr. Hemmings did           
          not attempt to deceive her and told her that the losses were part           
          of a tax deferral strategy.  But, she also relied on Mr. Harris,            
          who was a certified public accountant and had prepared the                  
          Hemmingses' and Mr. Brown's tax returns in the past.  In this               
          regard, we note that the Hemmingses' tax returns are extremely              
          complex in which large gains and losses were reported for other             
          trading activities.  Considering all of the circumstances                   
          concerning these returns, we do not believe that Mrs. Hemmings              
          had any reason to know that there were substantial                          
          understatements of tax on these returns.                                    
          C. Equitable Considerations                                                 
               The final question is whether, taking into account the facts           
          and circumstances, it would be inequitable to hold Mrs. Hemmings            
          liable for deficiencies attributable to the substantial                     
          understatements.  Sec. 6013(e)(1)(D).  We are primarily concerned           
          whether Mrs. Hemmings significantly benefited from the erroneous            
          items.  Belk v. Commissioner, 93 T.C. 434, 440 (1989); see also             
          sec. 1.6013-5(b), Income Tax Regs.  Normal support, measured by             
          the circumstances of the parties, is not a significant benefit.             
          Estate of Krock v. Commissioner, 93 T.C. 672, 678 (1989); sec.              




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