Teresa G. Butner - Page 36




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          1999, Mr. Butner, who was a sole practitioner, employed four or             
          five people who were not lawyers in his law practice.  Further-             
          more, Mr. Butner did not withhold any income tax from the wages             
          that he paid to petitioner during the taxable years at issue.               
          Respondent contends that those circumstances establish the                  
          inference that                                                              
               petitioner’s “wages” were nothing more than her spend-                 
               ing allowance, rather than compensation for secretarial                
               services.  The income tax returns for 1994, 1995, 1998                 
               and 1999 show petitioner’s occupation as “HOMEMAKER.”                  
               * * * No income taxes were withheld from petitioner’s                  
               wages. * * * This gave petitioner money to spend.                      
               Petitioner's spending allowance in the form of tax-free                
               secretarial “wages” constitutes a significant benefit                  
               beyond normal support.  This money could have been used                
               by Mr. Butner to make estimated tax payments, which                    
               would have decreased the amount of self-employment                     
               taxes owed * * *.                                                      
               While the factual circumstances surrounding Mr. Butner’s               
          payment of wages to petitioner during the years at issue are                
          suspicious, we are not persuaded that petitioner received a                 
          significant benefit from filing joint income tax returns with Mr.           
          Butner for the taxable years 1994, 1995, 1998, and 1999, respec-            
          tively.  Under Revenue Procedure 2000-15, this factor is neutral.           
          However, based on cases decided under former section 6013(e), we            
          consider the lack of significant benefit by the taxpayer seeking            
          relief from joint and several liability as a factor that favors             
          granting relief under section 6015(f).17                                    


               17Ferrarese v. Commissioner, T.C. Memo. 2002-249.                      






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