Eloise Gaddy Joens - Page 22

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            hardships that would be imposed on the spouse seeking relief, if                          
            such relief were denied.  Sanders v. United States, supra.                                
                  Petitioner contends that she did not enjoy any economic                             
            benefit beyond normal support from the understatement.  In                                
            support of her contention, petitioner claims that Emmens "never                           
            spent any money on her" and that Emmens' girlfriends benefitted                           
            from his unreported income.  This contention overlooks the fact                           
            that petitioner moved to a new house, drove a new Cadillac,                               
            occasionally utilized the planes and boats from the drug                                  
            smuggling operation for personal and social use, and generally                            
            lived a lifestyle that exceeded normal support.                                           
                  Considering all the facts and circumstances involved herein,                        
            we conclude that it would not be inequitable to hold petitioner                           
            liable for the determined understatement.                                                 
                  Accordingly, we hold that petitioner is not an innocent                             
            spouse under section 6013(e).                                                             
            Issue 2.  Addition to Tax for Fraud                                                       
                  Respondent determined that petitioner is liable for the                             
            addition to tax for fraud under section 6653(b) for the years at                          
            issue.  Petitioner asserts that she is not liable for the                                 
            addition to tax for fraud because she lacked fraudulent intent                            
            and had no knowledge of Emmens' illegal activities.                                       
                  If any part of an underpayment is due to fraud, a taxpayer                          
            is liable for an addition to tax equal to 50 percent of the                               





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