Joan Walters, f.k.a. Joan Gherman, and Henry Gherman - Page 60

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               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).                                                  





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