Mary Catherine Pierce - Page 28

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          on the part of the other spouse.”  Jonson v. Commissioner, 118              
          T.C. at 119 (citing Hayman v. Commissioner, supra at 1262).                 
          Normal support is not considered a significant benefit.  Hayman             
          v. Commissioner, supra at 1262 (citing Flynn v. Commissioner 93             
          T.C. 355, 367 (1989)).                                                      
               Petitioner received significant benefits from the refunds.             
          The refunds enabled her to contribute capital and lend funds to             
          the newly created business entities.  Further, the Pierces’                 
          failure to report the correct tax liability did not result from             
          any concealing, overreaching, or wrongful conduct on the part of            
          Mr. Pierce.  Holding the Pierces jointly and severally liable for           
          the tax deficiency is not inequitable.                                      
               Lastly, the objectives of the innocent spouse provisions               
          would not be well served if petitioner was afforded relief in the           
          circumstances we consider.  When enacting these relief                      
          provisions, Congress expressed concern about the possibility that           
          taxpayers could hide behind or otherwise abuse these provisions.            
          The Senate report in connection with the Internal Revenue Service           
          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.                 
          3201(a), 112 Stat. 734, contained the explanation that “The                 
          Committee is concerned that taxpayers not be allowed to abuse               
          these rules * * * by transferring assets for the purpose of                 
          avoiding the payment of tax by the use of this election.”  S.               
          Rept. 105-174, at 55-56 (1998), 1998-3 C.B. 537, 591-592.                   






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