- 19 - years that were attributable to the Vulcan investment, and she was made aware of the tax risks by the Vulcan subscription agreement, with its reference to tax risks, and (for 1982) by the May 13, 1982, newspaper article confirming Vulcan’s status as an “aggressive” and “questionable” tax shelter subject to potential IRS attack. For all of those reasons, it is clear that Barbara had significant involvement in the family’s financial affairs. In particular, she had reason to know of the tax benefits and potential tax risks associated with the investment in Vulcan. (c) Expenditure Levels, Standard of Living, Etc. There is no evidence that the tax savings generated by the investment in Vulcan resulted in lavish or unusual expenditures benefiting Barbara when compared to prior years’ spending patterns. That factor is not determinative, however, as to whether Barbara benefited from such tax savings. See Hayman v. Commissioner, supra at 1263. In this case, it is clear that the tax savings were immensely beneficial to both David and Barbara. For each of the audit years, the losses sheltered in excess of 80 percent of David’s income. The losses, thus, reduced the Jonsons’ taxes and contributed to their ability to pay for their children’s college educations and still maintain their normal standard of living. As Barbara freely admitted in filling out the innocent spouse questionnaire sent to her by petitioners’ counsel, “IRS tax rates for the upper brackets were very high andPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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