- 60 - The record establishes that Mr. Gherman funneled embezzled funds through the FIP account. The record also shows that during the 1970's he used FIP funds to subsidize Ms. Walters' show business endeavors, but it appears, and we so find, that Ms. Walters did not undertake any show business activities during 1984 through 1986, and none of FIP's money, including embezzled funds, went to support those activities. It is possible, and for purposes of deciding the issue we assume, that Ms. Walters benefited from the unreported income to some extent above normal support. Nonetheless, under the circumstances, we find that the fact that she did so benefit is not determinative because other factors outweigh any benefit she may have received. Whether a spouse substantially benefited from the unreported income is only one factor to consider in determining whether it is inequitable to hold the spouse liable for the deficiencies and additions to tax. An additional factor to consider is whether the spouse claiming relief was deserted, divorced, or separated. Kistner v. Commissioner, T.C. Memo. 1995-66; sec. 1.6013-5(b), Income Tax Regs. We also may consider whether the spouse seeking relief will suffer undue hardship as a result of being held liable for the deficiencies if relief is denied. See Sanders v. United States, supra at 171; Dakil v. United States, 496 F.2d 431, 433 (10th Cir. 1974).Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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