- 11 - 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)’).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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