David Bruce Billings - Page 14




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          not be granted in any particular case.  Rather, all factors will            
          be considered and weighed appropriately.  The list is not                   
          intended to be exhaustive.”  Rev. Proc. 2000-15, sec. 4.03,                 
          2000-1 C.B. at 448.                                                         
               We conclude from this that, in choosing an interpretation of           
          the knowledge factor that was unexplained, “unpersuasive” (as we            
          called it in Rosenthal), and seemingly contrary to the                      
          Commissioner’s own interest in having taxpayers amend their                 
          returns when they discover their spouses’ misreporting, the                 
          Commissioner was acting arbitrarily and so abused his discretion.           
          We therefore find that the knowledge factor in this case weighs             
          in favor of relief, not against it.                                         
          B.   Significant Benefit                                                    
               The second contested factor is whether David ”significantly            
          benefited (beyond normal support) from the unpaid liability or              
          items giving rise to the deficiency.”  Rev. Proc. 2000-15, sec.             
          4.03(2)(c), 2000-1 C.B. at 448-49.  A spouse’s benefit exceeds              
          "normal support" when the money in question was used to pay for a           
          child’s education, Jonson, 118 T.C. at 119-20, or special                   
          purchases for the couple or their children, Alt v. Commissioner,            
          119 T.C. 306, 314 (2002), affd. 101 Fed. Appx. 34 (6th Cir.                 
          2004), or for unusually frequent travel, Barranco v.                        
          Commissioner, T.C. Memo. 2003-18 (lifestyle as a whole, which               
          included several European vacations, was a significant benefit).            







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