Michael B. Butler and Jean Butler - Page 18




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          See Rule 50(a) (stating that motions "shall state with                      
          particularity the grounds therefor.").  Additionally, petitioner            
          fails to explain in any way how the evidence would support                  
          petitioner's claim for proportionate innocent spouse relief                 
          pursuant to new section 6015(b)(2).  Accordingly, we hold that              
          reopening the record is not warranted in the instant case, and              
          petitioner's motion will be denied.  Moreover, based on the                 
          evidence in the record, we hold that petitioner does not qualify            
          for proportionate innocent spouse relief.                                   
          The Tax Court's Authority To Review the Commissioner's Discretion           
          as Exercised Pursuant to Section 6015(f)                                    
               Petitioner asked respondent to consider equitable relief               
          pursuant to section 6015(f), which request respondent denied.               
          Respondent contends that the Tax Court has no authority to review           
          the Commissioner's denial of petitioner's request for equitable             
          relief pursuant to section 6015(f).  We disagree with respondent.           
               As a part of our traditional authority in deficiency                   
          proceedings, we have jurisdiction in the instant case to review             
          respondent's denial of equitable relief.  Petitioner raised her             
          claim for innocent spouse relief in a petition for                          
          redetermination filed pursuant to section 6213(a).  In a                    
          proceeding to redetermine asserted deficiencies, we may take into           
          account all facts and circumstances that bear upon the deficiency           
          as they affect petitioner, including petitioner's affirmative               
          defense that she is entitled to innocent spouse treatment.  See             





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