-10- entitled to relief under section 6015(f) is an abuse of discretion. Charlton questions the qualifications of the revenue agent who prepared the Form 886A, Explanation of Items, which detail respondent’s reasons for granting Hawthorne relief under section 6015(f). However, there is no indication that the revenue agent was unqualified, and respondent is not required to establish the qualifications of the revenue agent who prepared the Form 886A. See Greenberg’s Express v. Commissioner, 62 T.C. 324, 327 (1974). Charlton states that he does not know what information the revenue agent used to support the findings on the Form 886A, that he did not have the opportunity to question witnesses or examine evidence that the revenue agent considered, and that he did not have the opportunity to rebut Hawthorne’s statements. However, Charlton neither offered any evidence nor made any convincing argument that respondent’s determination that Hawthorne was entitled to relief under section 6015(f) was an abuse of discretion. Similarly, he has not identified any new evidence that he wishes to offer. See Rodman v. Commissioner, 542 F.2d 845, 860 (2d Cir. 1976) (unsupported allegations do not establish an abuse of discretion), affg. in part, revg. in part on another ground, and remanding T.C. Memo. 1973-277; United States v. Marshall, 526 F.2d 1349, 1356 (9th Cir. 1975) (same). At trial, Hawthorne contended that she was entitled to relief under section 6015(b). To be entitled to relief underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011