Teresa G. Butner - Page 35




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          Attributable to Nonrequesting Spouse                                        
               The respective liabilities for the taxable years 1994, 1995,           
          1998, and 1999 are self-employment tax liabilities that are                 
          solely attributable to Mr. Butner.  This factor favors granting             
          relief.                                                                     
          Significant Benefit                                                         
               Respondent contends that petitioner received a significant             
          benefit,                                                                    
               beyond normal support, from the tax liabilities that                   
               went unpaid in that money which her husband could have                 
               used to pay estimated taxes to reduce or satisfy his                   
               self-employment tax liability was paid to petitioner as                
               secretarial wages.  However, petitioner had no secre-                  
               tarial training and reported her occupation as “HOME-                  
               MAKER” on the joint returns which she and her husband                  
               filed for these years. * * *                                           
               Respondent further contends that petitioner received a                 
          significant benefit by filing joint income tax returns with Mr.             
          Butner for the respective taxable years at issue because she                
          availed herself of the net operating loss carryovers arising from           
          his business enterprises and thereby eliminated the income tax              
          liabilities that would have been due from her had she filed                 
          separately.                                                                 
               During the years at issue, Mr. Butner paid wages to peti-              
          tioner for performing secretarial services.  He paid her $2,600             
          in 1994, $11,060 in 1995, $16,952 in 1998, and $17,278 in 1999.             
          During cross-examination, petitioner admitted that she had no               
          secretarial training.  During the years 1994, 1995, 1998, and               






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