- 27 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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