Michael B. Butler and Jean Butler - Page 26




                                       - 26 -                                         
          Whether Respondent Appropriately Denied Petitioner Equitable                
          Spouse Relief Pursuant to Section 6015(f)                                   
               On February 4, 1999, petitioner submitted a Form 8857,                 
          Request for Innocent Spouse Relief, to the IRS.  The Form 8857              
          was forwarded to the IRS Appeals Office, and the claim was                  
          assigned to an Appeals Officer who, after meeting with                      
          petitioner, made petitioner a settlement offer that petitioner              
          rejected.  In a September 22, 1999, letter, the Appeals Officer             
          informed petitioner that he had determined that petitioner is not           
          entitled to relief pursuant to either subsection (b)(1) or (f) of           
          section 6015.                                                               
               Section 6015(f) provides as follows:                                   
                    (f) Equitable Relief.--Under procedures prescribed                
               by the Secretary, if–-                                                 
                         (1) taking into account all the facts and                    
                    circumstances, it is inequitable to hold the                      
                    individual liable for any unpaid tax or any                       
                    deficiency (or any portion of either); and                        
                         (2) relief is not available to such                          
                    individual under subsection (b) or (c),                           
               the secretary may relieve such individual of such                      
               liability.                                                             
               In deciding above whether petitioner qualified for relief              
          pursuant to section 6015(b)(1), we have held that petitioner had            
          reason to know of the understatement of tax on petitioners' 1992            
          return.  The parties stipulated that petitioner's husband always            
          kept petitioner informed about everything in which he was                   
          involved.  Indeed, we have found that petitioner was fully                  






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011