Michael B. Butler and Jean Butler - Page 15




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          petitioner produced only 8 of the 12 1992 bank statements from              
          their joint personal account, and they produced no statements               
          from any of the other accounts they held.  The failure to                   
          introduce such evidence leads us to conclude that it would not              
          have been helpful in proving petitioner's innocent spouse claim.            
          The evidence pertaining to petitioner's involvement in her                  
          family's finances weighs heavily against petitioner.                        
               As to the third factor, unusual or lavish expenditures,                
          although the record demonstrates that petitioner enjoyed a high             
          standard of living during 1992 and maintained accounts at various           
          upscale department stores where she made significant purchases,             
          there is no evidence in the record indicating whether such                  
          expenditures were out of the ordinary when compared to                      
          petitioners' spending habits in prior years.  Accordingly, the              
          evidence pertaining to unusual and lavish expenditures neither              
          supports nor weakens petitioner's claim for innocent spouse                 
          relief.                                                                     
               As to the fourth factor, whether petitioner's husband was              
          evasive about his finances, he never attempted to hide any of his           
          income or assets from petitioner.  In his own words, he "always             
          told her about everything he was involved in."  All of his income           
          was applied toward the benefit of the family.  Consideration of             
          this factor weighs against innocent spouse relief.                          








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