- 59 - significant benefit for purposes of section 6015(b)(1)(D). See Mysse v. Commissioner, supra at 698; see also sec. 1.6013-5(b), Income Tax Regs. Additionally, Barbara's joint property right in the National City account does not constitute a significant benefit. See Dakil v. United States, 496 F.2d 431 (10th Cir. 1974). Barbara actually withdrew only amounts for items constituting ordinary support. Barbara did not significantly benefit from the omitted income. See Butler v. Commissioner, 114 T.C. at 291. Barbara paid for her college tuition with a student loan and maximized her credit card. She and Raymond lived in the same house for more than 21 years; they bought only inexpensive used cars; they refinanced their house, and their children paid for their own educations. Barbara's lifestyle did not change on account of the receipt of the omitted income. There were no unusual transfers of property to Barbara during either the years at issue. If anything, Raymond's activity may have worked to Barbara's detriment. Taking into account all the facts and circumstances, we find it would be inequitable to hold Barbara liable for the deficiency in tax. See Dakil v. United States, supra; Mysse v. Commissioner, supra. Therefore, we find that Barbara qualifies for relief under section 6015(b)(1) with respect to the understatement of taxPage: 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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