- 7 - 6015(f) for abuse of discretion.5 Butler v. Commissioner, 114 T.C. 276, 292 (2000). Petitioner bears the burden of proving that respondent abused respondent’s discretion in denying that relief. See Jonson v. Commissioner, 118 T.C. 106, 125 (2002). Section 6015(f) grants respondent discretion to relieve an individual who files a joint return from joint and several liability with respect to that return. That section provides: SEC. 6015(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 indi- vidual 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. In the instant case, the parties agree that relief is not avail- able to petitioner under section 6015(b) or (c), thereby satisfy- ing section 6015(f)(2). As directed by section 6015(f), respondent has prescribed procedures in Rev. Proc. 2000-15, 2000-1 C.B. 447 (Revenue Procedure 2000-15), to be used in determining whether an individ- ual qualifies for relief under that section. Section 4.01 of 5The Court’s jurisdiction in this case is dependent upon sec. 6015(e)(1). See Ewing v. Commissioner, 118 T.C. __, __ (2002); Fernandez v. Commissioner, 114 T.C. 324, 330-331 (2000); Butler v. Commissioner, 114 T.C. 276, 289-290 (2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011