Linda S. Dillon - Page 18

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          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 the                 





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