Cynthia K. Beatty - Page 39




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          position on brief, and we find, that the legal obligation factor            
          is neutral.                                                                 
               With respect to the significant benefit factor set forth in            
          section 4.03(2)(a)(v) of Revenue Procedure 2003-61, petitioner              
          argues that that factor weighs in favor of granting her relief              
          under section 6015(f).  On brief, respondent argues that the                
          significant benefit factor is neutral.                                      
               The notice of determination stated in pertinent part:                  
               Other than usual and customary living expenses there is                
               no evidence to indicate that you derived a significant                 
               benefit from the failure to report these sources of                    
               income.  The Beatty’s did not live extravagantly or                    
               take trips, they didn’t have any investments, life                     
               insurance, savings, or anything else of value to show                  
               for the money earned.  When Mrs. Beatty became aware of                
               the amount of money her husband earned, she couldn’t                   
               understand where the funds went.  She then found out                   
               that her husband had a problem with Keno gambling.  He                 
               lost their money and then became involved with loan                    
               sharks to fund his addiction.  Other than customary                    
               basic living expenses the taxpayer did not derive a                    
               significant benefit from the unpaid federal income                     
               taxes.  [Reproduced literally.]                                        
               As we understand it, although the Appeals Office found in              
          the notice of determination that petitioner did not receive a               
          significant benefit from the failure to pay the unpaid liabili-             
          ties for the years at issue,10 that office did not conclude that            
          therefore the significant benefit factor weighed in favor of                
          granting petitioner relief under section 6015(f).  We reject as             


               10On brief, respondent agrees that petitioner did not                  
          receive a significant benefit from the failure to pay the unpaid            
          liabilities for the taxable years at issue.                                 





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