Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 58

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          6013(e)(1)(D); Flynn v. Commissioner, 93 T.C. 355, 367 (1989);              
          sec. 1.6013-5(b), Income Tax Regs.  A factor to be considered is            
          whether the purported innocent spouse significantly benefited               
          beyond normal support, either directly or indirectly, as a result           
          of the unreported income.  Hayman v. Commissioner, 992 F.2d at              
          1262; Belk v. Commissioner, 93 T.C. at 440; Purcell v.                      
          Commissioner, 86 T.C. 228, 242 (1986); sec. 1.6013-5(b), Income             
          Tax Regs.  Normal support is determined by the circumstances of             
          the taxpayers.  See Sanders v. United States, 509 F.2d at 168;              
          Estate of Krock v. Commissioner, 93 T.C. 672, 678 (1989); Flynn             
          v. Commissioner, supra.  Petitioners bear the burden of proving             
          that Ms. Walters received no significant benefit from the                   
          understatement other than normal support, and that burden must be           
          satisfied with specific facts regarding lifestyle, expenditures,            
          asset acquisitions, and the disposition of the benefits of the              
          understatement.  See Bokum v. Commissioner, 94 T.C. at 157;                 
          Estate of Krock v. Commissioner, supra.                                     
               Petitioners contend that Ms. Walters did not benefit                   
          significantly from the unreported income but rather received                
          merely ordinary support that was commensurate with the upper                
          middle class lifestyle that petitioners had maintained before the           
          embezzlement.  They assert that Ms. Walters herself was not                 
          extravagant in her spending habits.  Petitioners contend further            
          that the Camelot benefited FIP through the entertainment of its             
          clients and does not demonstrate an extravagant lifestyle.  They            



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