Raymond F. Kling and Barbara K. Kling - Page 58




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          reported on petitioners' 1991 and 1992 tax returns.  Therefore,             
          she satisfies the requirement of section 6015(b)(1)(C).  Cf.,               
          Cheshire v. Commissioner, 115 T.C. at 192-193; Charlton v.                  
          Commissioner, 114 T.C. at 340.                                              
               We must next decide whether Barbara satisfies section                  
          6015(b)(1)(D).  Section 6015(b)(1)(D) requires a determination of           
          whether, taking into account all other facts and circumstances,             
          it is inequitable to hold Barbara liable for the tax.  A                    
          determination under this provision of the statute is essentially            
          factual.                                                                    
               The term "inequitable", as defined in section 1.6013-5(b),             
          Income Tax Regs., is as follows:                                            
               Whether it is inequitable to hold a person liable for                  
               the deficiency in tax * * * is to be determined on the                 
               basis of all the facts and circumstances.  In making                   
               such a determination a factor to be considered is                      
               whether the person seeking relief significantly                        
               benefited, directly or indirectly, from the items                      
               omitted from gross income.  However, normal support is                 
               not a significant "benefit" for purposes of this                       
               determination.  * * *  Other factors which may also be                 
               taken into account, if the situation warrants, include                 
               the fact that the person seeking relief has been                       
               deserted by his spouse or the fact that he has been                    
               divorced or separated from such spouse.                                
               In the instant case, Raymond used the money from his sports            
          memorabilia activity primarily to purchase more collectibles.  He           
          did use some of the money for groceries, bills, and other items             
          of ordinary support for the family.  The use of omitted income              
          for ordinary support of the family does not constitute a                    







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