Joan Phyllis Levy - Page 39

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          alimony.  The condominium had been jointly owned by petitioner              
          and Levy since 1980 and had been their marital home.  It                    
          constituted the only significant asset listed in the marital                
          settlement agreement.  Petitioner thus did not significantly                
          benefit from the unpaid 1991 through 1999 tax liabilities by                
          receiving the Key Biscayne condominium under the marital                    
          settlement agreement.  Cf. Stiteler v. Commissioner, T.C. Memo.             
          1995-279 (holding that taxpayer significantly benefited from tax            
          understatements due to her receipt of significant cash and notes            
          under separation agreement, where cash and notes were in addition           
          to proceeds from sale of family residence and spousal support),             
          affd. 108 F.3d 339 (9th Cir. 1997).                                         
               With respect to the college tuition payments, however,                 
          matters are different.  As previously discussed, normal support             
          is not a significant benefit and is measured by the circumstances           
          of the parties.  See Estate of Krock v. Commissioner, supra.  In            
          determining whether the requesting spouse significantly benefited           
          from the unpaid tax liabilities, we consider whether the                    
          requesting spouse and the nonrequesting spouse were able to make            
          expenditures in the taxable years in question that they would not           
          have been able to make.  See Alt v. Commissioner, 119 T.C. 306,             
          314-15 (2002); Jonson v. Commissioner, 118 T.C. 106, 119-120                
          (2002); Knorr v. Commissioner, T.C. Memo. 2004-212; Monsour v.              







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