Wendlyn H. Albin - Page 27

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          against granting equitable relief to petitioner for all of the              
          subject years.  As stated in Rev. Proc. 2000-15, sec. 4.03(2)(b),           
          the presence of this factor is an “extremely strong factor                  
          weighing against relief”, and a taxpayer such as petitioner may             
          offset this factor and qualify for equitable relief only in “very           
          limited situations” where “the factors in favor of equitable                
          relief are unusually strong”.                                               
                    iii.  Significant Benefit                                         
               Petitioner argues that she did not significantly benefit               
          beyond normal support from the shelter losses giving rise to the            
          deficiencies.  According to petitioner, the only substantial                
          asset that the Albins purchased during the subject years was the            
          home that they purchased in Dana Point.  We reject petitioner’s             
          argument.13                                                                 
               The claimed shelter losses giving rise to the deficiencies             
          provided both of the Albins with significantly more disposable              
          income than they otherwise would have had.  In order to determine           
          whether petitioner significantly benefited from those claimed               
          shelter losses, we consider whether the Albins were able to make            
          expenditures in each of the subject years that they otherwise               


               13 We note at the start that petitioner fails to mention               
          that in addition to the Albins’ home in Dana Point, they also               
          purchased during the subject years one of their three rental                
          properties and did so with a $20,000 cash downpayment.  We also             
          note that the Albins purchased their second home in 1987 with a             
          cash downpayment of $200,000.                                               





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