- 16 - understatement. Kalinowski v. Commissioner, supra. Therefore, petitioner has not satisfied the requirement of section 6015(b)(1)(C) with respect to the year 1993. Under section 6015(b)(1)(D), a spouse seeking relief from joint liability must establish that it is inequitable to hold him or her liable for the deficiency attributable to the understatement based upon due consideration of all the facts and circumstances. One of the factors to be considered is whether the taxpayer seeking relief has significantly benefited from the understatement on the return. Sec. 1.6013-5(b), Income Tax Regs. Transfers of property to the spouse seeking relief are relevant in determining the existence of a significant benefit, and such transfers are not limited to the tax years in which the understatement relates. Kalinowski v. Commissioner, supra. In spite of the abusive nature of the marriage over the years, petitioner acquired numerous tracts of land in her name individually and in co-ownership with her spouse, Mr. Gurr. She was awarded those properties in the property settlement with Mr. Gurr after the two were divorced. The Court notes that the understatements at issue are based upon adjustments by respondent to Schedules D of the tax returns for 1992 and 1993. All these adjustments are related to and arose out of the real estate activity reported on Schedules C ofPage: 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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