John A. Rowe and Donna L. Rowe - Page 60




                                       - 60 -                                         
          NCNB account, which petitioner testified was the only account she           
          used during the years in issue.  Mr. Rowe testified that he put             
          almost all the money he earned back into his dental business and            
          horse activity.  Presumably, Mr. Rowe was also depositing most of           
          his earnings into his separate accounts which petitioner was                
          unaware existed.  In his deposition, Mr. Shirah stated that Mr.             
          Rowe purchased a house in the name of Mr. Shirah’s business for             
          another woman.35  Mr. Shirah stated that Mr. Rowe was involved              
          with the other woman during his marriage to petitioner.  At                 
          trial, Mr. Rowe admitted becoming involved with the other woman             
          in 1993.  Petitioner testified that the reason she filed for                
          divorce was because Mr. Rowe was involved with the other woman              
          while he was still married to petitioner.36                                 
               On the basis of all the facts and circumstances of this                
          case, we find that compelling reasons existed for respondent to             
          grant petitioner equitable relief.  Consequently, we hold that              
          respondent abused his discretion in denying petitioner’s claim              
          for relief under section 6015(f) for the portion of the capital             



               34(...continued)                                                       
          petitioner’s earnings from her employment as a substitute                   
          teacher.                                                                    
               35Mr. Shirah stated that Mr. Rowe signed the realty contract           
          and the mortgage on the house.  However, Mr. Shirah stated that             
          Mr. Rowe had no connection to Mr. Shirah’s business.                        
               36At trial, Mr. Rowe testified that he married the other               
          woman after he and petitioner were divorced.                                





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