Kathleen E. Gilliam - Page 7

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          3.  Section 6015(f)                                                         
               Since petitioner is not entitled to relief under section               
          6015(b) or (c), we consider whether petitioner qualifies for                
          relief under section 6015(f), after a trial de novo and using an            
          abuse of discretion standard.  See Ewing v. Commissioner, 122               
          T.C. __ (2004); Fernandez v. Commissioner, supra at 328-329;                
          Butler v. Commissioner, supra at 287-292.  Petitioner bears the             
          burden of proving that respondent’s denial of equitable relief              
          under section 6015(f) was an abuse of discretion.  See Rule                 
          142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002).                      
          Petitioner must demonstrate that respondent exercised his                   
          discretion arbitrarily, capriciously, or without sound basis in             
          fact or law.  See Jonson v. Commissioner, 118 T.C. 106, 125                 
          (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Woodral v.                    
          Commissioner, 112 T.C. 19, 23 (1999).                                       
               As directed by section 6015(f), the Commissioner has                   
          prescribed procedures for determining whether a spouse qualifies            
          for relief under subsection (f).  The applicable provisions are             
          found in Rev. Proc. 2000-15, 2000-1 C.B. 447.1  We have upheld              



               1  This revenue procedure was superseded by Rev. Proc. 2003-           
          61, 2003-32 I.R.B. 296, which is effective either for requests              
          for relief filed on or after Nov. 1, 2003, or for requests for              
          relief pending on Nov. 1, 2003, for which no preliminary                    
          determination letter has been issued as of Nov. 1, 2003.  Id.               
          sec. 7, 2003-32 I.R.B. at 299.                                              





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