- 19 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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