- 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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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