- 18 - erroneous item; however, this factor is still considered in determining whether it is inequitable to hold a spouse liable. 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). Normal support is not a significant benefit for purposes of determining whether denial of innocent spouse relief would be inequitable under section 6013(e)(1)(D). Estate of Krock v. Commissioner, 93 T.C. 672, 678 (1989); Terzian v. Commissioner, supra at 1172; sec. 1.6013-5(b), Income Tax Regs. Normal support is measured by the circumstances of the taxpayers. See Sanders v. United States, 509 F.2d 162, 168 (5th Cir. 1975). Petitioner notes that she and Thomas Dillon enjoyed a high standard of living that was consistent with Mr. Dillon's level of earned income, and, therefore, the tax savings did not produce a benefit beyond their normal level of support. In fact, the tax savings of $21,579 in 1982 were negligible in comparison to Mr. Dillon's reported income of more than $425,000. Another factor to consider is the 1987 divorce between petitioner and Mr. Dillon. Flynn v. Commissioner, 93 T.C. 355, 367 (1989); sec. 1.6013-5(b), Income Tax Regs. The Dillons had acquired numerous assets due to Thomas Dillon's success at Dillon Securities; these assets were distributed evenly in the divorce. Given the Dillons' relatively high standard of living during their marriage, their divorce settlement is well within thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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