- 22 - from year to year, and thus experience some years with large taxes or others with no tax”). Accordingly, we hold that petitioner did not have reason to know that the London straddle deduction was illegitimate, nor did she have a duty to inquire into the presence of the deduction on the 1983 income tax return. 2. Section 6015(b)(1)(D): Inequity We take into account all the facts and circumstances in deciding whether it is inequitable to hold the relief-seeking spouse liable for a deficiency. Sec. 6015(b)(1)(D). Because this requirement is similar to the requirement of former section 6013(e)(1)(D), cases interpreting that former section such as Erdahl v. Commissioner, 930 F.2d 585 (8th Cir. 1991), remain instructive to our analysis. Butler v. Commissioner, 114 T.C. 276, 283 (2000). The material factors most often cited and considered are whether there has been a significant benefit to the spouse claiming relief and whether the failure to report the correct tax liability on the joint tax return results from concealment, overreaching, or any other wrongdoing on the part of the other spouse. Alt v. Commissioner, 119 T.C. at 314; Jonson v. Commissioner, 118 T.C. at 119. Normal support is not considered a significant benefit. Jonson v. Commissioner, supra at 114.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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