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Petitioner also fails to satisfy the fifth factor because,
although the early IRA withdrawals from which the liability
arises are directly attributable to intervenor, petitioner
received a significant benefit from the items giving rise to the
deficiency. This benefit goes beyond that of normal support. At
least a portion of the money intervenor withdrew from his IRA was
deposited into their joint bank account. Although intervenor
testified that he used at least $3,000 of the money he withdrew
to assist his son with purchasing a home, he also testified that
part of the money was used to remodel his and petitioner’s home.
Also, intervenor withdrew $5,000 from his IRA for a downpayment
on a new car for petitioner.
The failure of petitioner to satisfy all but one of the
factors in Rev. Proc. 2003-61, is determinative. On these facts
and circumstances, the Court holds that there was no abuse of
discretion by respondent in denying relief to petitioner under
section 6015(f). The Court, therefore, sustains that denial.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
for respondent.
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Last modified: May 25, 2011