- 13 - standard in Cheshire she does not qualify for relief pursuant to section 6015(c). The final opportunity for relief under the statute lies in section 6015(f), which 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. We have jurisdiction to review, for abuse of discretion, the Commissioner’s denial of relief under this subsection. See Butler v. Commissioner, 114 T.C. 276, 292 (2000); see also Fernandez v. Commissioner, 114 T.C. 324 (2000). In this case, petitioner significantly benefited from the omitted income. See Kistner v. Commissioner, T.C. Memo. 1995-66 (cited in Butler v. Commissioner, supra at 291). Among other things, she made 5(...continued) concerning whether Mr. Browne advised petitioner that Mr. Mitchell’s failure to effect a rollover of the transfer refund distribution within 60 days of receipt could produce adverse tax consequences. On the basis of the demeanor evidence, as well as Mr. Browne’s apparent involvement in the preparation of a counterfeit Form 1099 to be submitted to respondent’s agents, we find petitioner’s version of events more credible and conclude that she had no knowledge that her 1991 return when signed was incorrect.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011