- 20 - proceeds) from the nonrequesting spouse that is beyond normal support and traceable to items omitted from gross income that are attributable to the nonrequesting spouse, the requesting spouse will be considered to have received significant benefit from those items.[9] * * * Petitioner contends that the only benefit she received from the understatement was the estimated $750 tax for which she would have been liable if she had filed separate rather than joint tax returns. We, however, do not believe that petitioner’s estimated $750 annual benefit approximates the actual benefit she received because petitioner filed joint returns. Furthermore, petitioner concedes that she received from Mr. George a pension of $250,000 (converted by petitioner into an IRA) and life insurance proceeds 9Rev. Proc. 2000-15, 2000-1 C.B. 447, references sec. 1.6013-5(b), Income Tax Regs., for an explanation of “significant benefit”. Sec. 1.6013-5(b), Income Tax Regs., effective at the time Rev. Proc. 2000-15, 2000-1 C.B. at 447, was published but subsequently replaced, is substantially similar to sec. 1.6015- 2(d), Income Tax Regs., which is currently in effect. Sec. 1.6013-5(b), Income Tax Regs., provided: normal support is not a significant “benefit” * * *. Evidence of direct or indirect benefit may consist of transfers of property, including transfers which may be received several years after the year in which the omitted item of income should have been included in gross income. Thus, for example, if a person seeking relief receives from his spouse an inheritance of property or life insurance proceeds which are traceable to items omitted from gross income by his spouse, that person will be considered to have benefitted from those items. Other factors which may also be taken into account, if the situation warrants, include the fact that the person seeking relief has been deserted by his spouse or the fact that he has been divorced or separated from such spouse.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011