- 5 - review the Commissioner’s failure to abate interest under all subsections of section 6404. See Woodral v. Commissioner, 112 T.C. 19, 22-23 (1999). However, the only explicit jurisdiction given to the Court under this section is a jurisdiction to determine whether the Secretary’s failure to abate interest under section 6404 was an abuse of discretion. The Court may order an abatement of interest where we have determined that the Secretary has abused his discretion. There are two primary jurisdictional predicates for this Court to review a claim for relief from joint and several liability. First, a claim may be raised as an affirmative defense in a petition for redetermination of a deficiency filed pursuant to section 6213(a). See Butler v. Commissioner, 114 T.C. 276 (2000); Charlton v. Commissioner, 114 T.C. 333 (2000). In a deficiency proceeding, we consider all the facts and circumstances relevant to ascertaining the correct amount of the deficiency, including affirmative defenses. See secs. 6213 and 6214; Butler v. Commissioner, supra at 287; Woods v. Commissioner, 92 T.C. 776, 784-785 (1989); Naftel v. Commissioner, 85 T.C. 527, 533 (1985). The second jurisdictional predicate is found in section 6015(e). This section enables an electing spouse to petition for review of an administrative determination (or failure to make a determination) regarding relief from liability as a stand alonePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011