Raymond F. Kling and Barbara K. Kling - Page 59




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          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 tax                







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