Arlene C. Ogonoski - Page 18

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          sense to which the tax law or common experience will accord any             
          recognition.                                                                
               Rev. Proc. 2000-15, sec. 4.03, lists the following two                 
          factors whose presence the Commissioner weighs against granting             
          relief and whose absence the Commissioner treats as neutral:  (1)           
          The requesting spouse significantly benefited (beyond normal                
          support) from the unpaid liability, and (2) the requesting spouse           
          has not made a good faith effort to comply with Federal income              
          tax laws in the tax years following the tax year to which the               
          request for relief relates.                                                 
               Although there is no record evidence to establish that Mr.             
          Ogonoski failed to contribute any of his financial resources,               
          including any of his separate funds attributable to the unpaid              
          taxes, to their household for basic living expenses or to pay the           
          mortgage on their $71,000 house, such payments are not lavish               
          expenditures beyond what is required for petitioner’s normal                
          support.  See, e.g., Foley v. Commissioner, T.C. Memo. 1995-16.             
          There is no evidence Mr. Ogonoski gave petitioner any money in              
          excess of the amounts petitioner required for normal support.               
          Because Mr. Ogonoski controlled the finances of his excavation              
          business and had his own checking accounts related to his                   
          business that petitioner did not control or have access to,                 
          petitioner was unable to stop Mr. Ogonoski from using for his own           
          personal purposes the funds made available by his failures to pay           
          the taxes due.  As stated above, Rev. Proc. 2000-15, supra,                 




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