- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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