Carl E. Jones and Elaine Y. Jones - Page 66

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            respectively, and the balance due on her townhouse, $34,987, was                          
            effectively canceled.  These transfers exceed normal support.                             
                  Furthermore, sometime between September of 1991 and May of                          
            1992, petitioner transferred $150,000 to Mrs. Jones, which she                            
            had in a bank account in her name at the time of trial.  Mrs.                             
            Jones cites Terzian v. Commissioner, 72 T.C. 1164 (1979), as                              
            support for her contention that the receipt of a lump-sum payment                         
            in the nature of support from her husband does not preclude the                           
            grant of innocent spouse relief.                                                          
                  We agree with Mrs. Jones that a payment in the nature of                            
            ordinary support is not an equitable bar to innocent spouse                               
            relief.  However, the facts in Terzian which led this Court to                            
            conclude in that case that a spouse's one-time transfer of                                
            $155,000 to the taxpayer was for ordinary support are not present                         
            in the instant case.  At the time of trial in that case, Mrs.                             
            Terzian had been separated from her husband, Dr. Terzian, for                             
            more than 2 years and had a suit for divorce pending against him                          
            that became final shortly after the trial concluded.  In the                              
            divorce proceeding no claim for alimony was made, and none was                            
            awarded.  Id. at 1165 n.2, 1172.  In his answer to the taxpayer's                         
            complaint for divorce, Dr. Terzian alleged that he had                                    
            transferred funds to the taxpayer for support.  Id. at 1172 n.4.                          
                  Moreover, at the time of trial, Mrs. Terzian had spent                              
            $20,000 of the transferred funds for living expenses and in                               
            connection with her daughter's education.  Finally, Mrs. Terzian                          




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