Susan L. Abelein - Page 41

                                       - 41 -                                         
          participated in making those investments.  This factor weighs               
          against granting petitioner equitable relief under section                  
          6015(f).                                                                    
                    b.  Knowledge or Reason to Know                                   
               For the reasons stated in our analysis of the corresponding            
          positive factor, we conclude that petitioner had reason to know             
          of the items giving rise to the deficiencies in this case and/or            
          failed to satisfy her duty of inquiry regarding the items.  This            
          factor weighs heavily against granting petitioner equitable                 
          relief under section 6015(f).  Rev. Proc. 2000-15, sec.                     
          4.03(2)(b).                                                                 
                    c.  Significant Benefit                                           
               Petitioner argues she did not significantly benefit beyond             
          normal support from the Hoyt partnership losses and investment              
          tax credits giving rise to the deficiencies.  Yet, because of the           
          investment, petitioner and Mr. Abelein received tax savings of              
          $18,806 they otherwise would not have received.  In Doyle v.                
          Commissioner, T.C. Memo. 2003-96, affd. 94 Fed. Appx. 949 (3d               
          Cir. 2004), we held that a requesting spouse significantly                  
          benefited from the items giving rise to the deficiency, which               
          were tax shelter deductions, because she received significant tax           
          refunds as a result of the items.  Likewise, in this case,                  
          petitioner and Mr. Abelein received substantial income tax                  
          refunds as a result of the items giving rise to the deficiencies.           






Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011