- 30 - C. Conclusion Because, at the time of her death, Barbara did not satisfy the eligibility requirements, David, as her personal representative, cannot elect to limit Barbara’s joint return liability in the manner prescribed in section 6015(c). IV. Relief Under Section 6015(f) A. Statutory Language Section 6015(f) 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 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. B. Application to Barbara 1. Introduction Respondent has denied Barbara relief under section 6015(f). We have jurisdiction to review such denial of relief. Butler v. Commissioner, 114 T.C. at 292. We review such denial of relief to determine whether respondent abused his discretion by acting arbitrarily, capriciously, or without sound basis in fact. See id.; Pac. First Fed. Sav. Bank v. Commissioner, 101 T.C. 117, 121 (1993). Petitioners have failed to make that showing.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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