- 21 - benefit from the tax savings generated by the understatement. Whether the relief-seeking spouse has significantly benefited from the understatement in tax is a factor to be considered in weighing the equities. See sec. 1.6013-5(b), Income Tax Regs. Transfers of property to the relief-seeking spouse are relevant in determining the existence of a significant benefit, and such transfers are not limited to the tax years to which the understatement relates. See id. Mr. Von Kalinowski testified that he contributed approximately $500,000 to petitioner’s travel agency over the course of the 15-year period in which the business was operational. These contributions were of obvious benefit to petitioner, and the amount of such transfers renders petitioner’s argument that she did not significantly benefit from the tax savings unpersuasive. Finally, a factor which may be taken into account in weighing the equities is whether the failure to report the correct tax liability in this case resulted from concealment, overreaching, or other wrongdoing on the part of the spouse not seeking relief. See Hayman v. Commissioner, supra at 1262; McCoy v. Commissioner, 57 T.C. 732, 735 (1972). No such untoward circumstances are present in this case. Rather, the understatement in tax is attributable to a mistaken belief on the part of Mr. Von Kalinowski as well as his accountant as to the legitimacy of the tax shelter deductions. Under these circumstances, we perceive no inequity in holding both spouses toPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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