Homer L. Richardson - Page 70

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          sake of completeness, a few comments are in order with respect to           
          the remaining disputed element.                                             
               Section 6015(b)(1)(D) demands that, taking into account all            
          facts and circumstances, it be inequitable to hold the requesting           
          spouse liable for the deficiency.  Here, however, the particulars           
          of petitioners’ situation recounted above do not persuade the               
          Court that the necessary inequities would ensue from joint                  
          liability.  Petitioners are still married and residing together,            
          the record documents extensive involvement by Mrs. Richardson in            
          the HGAMC and HGRCT arrangement, and both petitioners benefited             
          jointly from the improvements in their financial status                     
          engendered by avoiding taxation on Mr. Richardson’s personal                
          service income and deducting personal expenses (including                   
          expenditures related to their residence, vehicles, healthcare,              
          etc.) through HGAMC.                                                        
               In this connection, petitioners ask us to hold in                      
          Mrs. Richardson’s favor because she did not benefit beyond normal           
          support, directly or indirectly, from the alleged understatement.           
          The record, however, is bereft of evidence to support this                  
          contention.  The documents chronicle the financial engineering              
          just described, and petitioners have not offered any evidence               
          pertaining to their lifestyle before or after implementation of             
          the Aegis scheme to show that no attendant perks were realized              
          thereby.  Furthermore, all indications are that such attendant              
          benefits would have been shared equally between the spouses.                




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