- 6 - (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. Respondent denied petitioner relief under section 6015(f). We have jurisdiction to review such a denial of relief. Ewing v. Commissioner, 118 T.C. 494 (2002) (holding that the Court had jurisdiction over the requesting spouse’s claim for equitable relief pursuant to section 6015(f) regarding the underpayment of tax shown on the joint return). Respondent’s denial of relief is reviewed under an abuse of discretion standard. Cheshire v. Commissioner, 115 T.C. 183, 198 (2000); Butler v. Commissioner, supra at 292. As directed by section 6015(f), the Commissioner prescribed procedures in the revenue procedure to be used in determining whether an individual qualifies for relief under that section. Section 4.01 of the revenue procedure lists seven threshold conditions that must be satisfied before the Commissioner will consider a request for relief under section 6015(f). Respondent concedes that petitioner meets all of the threshold conditions. Where, as here, the requesting spouse satisfies the threshold conditions, section 4.02(1) of the revenue procedurePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011