Ruth Ferrarese - Page 11




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          Commissioner, T.C. Memo. 1993-151.2  We conclude that this factor           
          favors petitioner.                                                          
               3.   Compliance With Tax Laws                                          
               Respondent first contends in respondent’s posttrial brief              
          that petitioner is not in compliance with Federal income tax laws           
          and that this weighs against relief.  Rev. Proc. 2000-15, sec.              
          4.03(2)(e), 2000-1 C.B. at 449.  Respondent also first alleges on           
          brief that petitioner is in arrears on her tax obligations for              
          1983 because she failed to make $100 monthly payments for                   
          December 1997; February, June, July, August, and December 1998;             
          February, March, April, September, October, and December 1999;              
          and January, February, March, April, May, June, and July 2000.              




               2  Cases deciding whether a taxpayer was entitled to                   
          equitable relief under sec. 6013(e)(1)(D) are helpful in deciding           
          whether a taxpayer is entitled to relief under sec. 6015(f).                
          Mitchell v. Commissioner, 292 F.3d 800, 806 (D.C. Cir. 2002)                
          (“Subsection (f) has no statutory antecedent as a stand alone               
          provision, but has roots in the equity test of former                       
          subparagraph 6013(e)(1)(D) carried forward into subparagraph                
          6015(b)(1)(D).”), affg. T.C. Memo. 2000-332.  In Cheshire v.                
          Commissioner, 282 F.3d 326, 338 n.29 (5th Cir. 2002), affg. 115             
          T.C. 183 (2000), the U.S. Court of Appeals for the Fifth Circuit            
          said:                                                                       
               Because the wording of � 6015(f)(1) is virtually                       
               identical to that of former � 6013(e)(1)(D), case law                  
               construing former � 6013(e)(1)(D) is helpful in                        
               determining whether the Commissioner abused his                        
               discretion in denying equitable relief to Appellant                    
               under current � 6015(f)(1).  See Butler, 114 T.C. at                   
               291 (applying the � 6013(e)(1)(D) standard to a                        
               � 6015(f) inquiry because ‘the language of sec.                        
               6015(f)(1) does not differ significantly from the                      
               language of former sec. 6013(e)(1)(D)’).                               




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