David R. Braden and Sharon F. Braden - Page 19




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               Under former section 6013(e), whether the taxpayer                     
          significantly benefited from the omitted income was an important            
          factor in reaching our conclusion.  See Estate of Krock v.                  
          Commissioner, 93 T.C. 672, 677 (1989).  Normal support was not              
          considered to be a significant benefit.  See sec. 1.6013-5(b),              
          Income Tax Regs.  In applying former section 6013(e)(1)(D), we              
          described normal support as a “floating standard, inasmuch as               
          ‘one person’s luxury can be another’s necessity’”.  Klimenko v.             
          Commissioner, T.C. Memo. 1993-340 (quoting Sanders v. United                
          States, 509 F.2d 162, 168 (5th Cir. 1975)).  We examined evidence           
          of the taxpayer’s lifestyle, including his expenditures, and how            
          the omitted income was used by the taxpayer and his spouse to               
          decide whether a taxpayer significantly benefited from the                  
          understatement.  See Estate of Krock v. Commissioner, supra.                
               In this case, our evaluation of the evidence regarding                 
          petitioner’s lifestyle, expenditures, and other financial matters           
          leads us to the conclusion that petitioner did not substantially            
          benefit from the understatement.  The family home was purchased             
          with funds supplied by petitioner.  Petitioner made a downpayment           
          of approximately $13,000 toward the purchase price of the house             
          (approximately $175,000) and supplied the funds to pay the                  
          mortgage during petitioners’ marriage. When the family home was             
          sold, petitioner retained none of the proceeds.                             








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