Mitchell S. Wiest - Page 17




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              D.  Conclusion                                                          
              Respondent’s determination to deny petitioner relief under              
         section 6015(f) was principally based on his findings that                   
         petitioner knew or had reason to know that the liability would               
         not be paid, and that approximately 40 percent of the unpaid                 
         liability was attributable to petitioner.  Since each of these               
         findings was arbitrary and without sound basis in fact, we                   
         conclude that respondent’s denial of any relief was an abuse of              
         discretion.                                                                  
              Based on our review of all the facts and circumstances, we              
         conclude that there are several factors favoring relief.                     
         Petitioner did not know, and had no reason to know, that the                 
         liability would not be paid; the underpayment is only                        
         attributable to petitioner to the extent of $900; petitioner and             
         Ms. Wiest are divorced; and petitioner did not benefit from the              
         underpayment.  Weighing against relief is the absence of any                 
         showing of hardship if relief is not granted and the fact that a             
         portion of the underpayment is attributable to petitioner.  On               
         balance, we find that the factors favoring relief, to the extent             
         that the underpayment is not attributable to petitioner, outweigh            
         the factors supporting a denial of relief.  Therefore, we hold               
         that petitioner is entitled to relief under section 6015(f) with             
         respect to $3,162 of the underpayment; that is, he is entitled to            
         relief with respect to all of the underpayment except the $900               






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