Kathryn Cheshire - Page 24




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          of either).  In the instant case, petitioner sought but was denied          
          relief under section 6015(f). Petitioner maintains that                     
          respondent’s refusal to grant relief to her was arbitrary,                  
          capricious, and without sound basis in fact.                                
               Respondent acknowledges that we have jurisdiction to review            
          his denial of innocent spouse relief under section 6015(f).  See            
          Butler v. Commissioner, 114 T.C. 276 (2000); Fernandez v.                   
          Commissioner, 114 T.C. 324 (2000); Charlton v. Commissioner, 114            
          T.C. 333 (2000).  We review respondent’s denial of equitable relief         
          to petitioner under an abuse of discretion standard.  See Butler v.         
          Commissioner, supra at 292; Mailman v. Commissioner, 91 T.C. 1079,          
          1083 (1988); Estate of Gardner v. Commissioner, 82 T.C. 989, 1000           
          (1984).  This is a question of fact.  See Hospital Corp. of Am. v.          
          Commissioner, 81 T.C. 520, 594 (1983); Foster v. Commissioner, 80           
          T.C. 34, 160, 178 (1983), affd. in part and revd. in part on                
          another ground 756 F.2d 1430 (9th Cir. 1985).                               
               Petitioner’s claim for innocent spouse relief was initiated in         
          her petition to this Court.  Prior to trial, respondent conceded            
          that petitioner was entitled to relief with respect to certain              
          items omitted from the 1992 joint return and was not liable for the         
          section 6651(a)(1) addition to tax.  Presumably before doing so,            
          respondent followed standard procedures by reviewing his                    
          administrative files and considered petitioner’s contentions.               
               Respondent opposes petitioner’s claim for equitable relief             






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