- 58 - 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 aPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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