- 25 - We need not resolve the foregoing dispute between the parties. That is because, based upon our examination of the entire record in this case, including petitioner’s additional information that is part of the record established at trial, we find that peti- tioner has failed to carry her burden of showing that respondent abused respondent’s discretion in denying her relief under section 6015(f) with respect to taxable year 1995.22 We initially address certain of the arguments that peti- tioner advances on brief, all of which we find to be without merit. To illustrate, petitioner argues on brief that a ruling in favor of the spouse [petitioner] does not mean the tax debt is forgiven or that it will never be paid. It only means that based upon the present facts and circumstances, it is not equitable to compel the requesting spouse [petitioner] to pay the tax debt in full at this time. * * * If an economic hardship is present, then Congress has declared that the present collection of the tax is to be suspended as to the 21(...continued) mining whether respondent abused respondent’s discretion in denying that relief, we would give whatever weight we consider appropriate to the evidence to which respondent objected. 22In so holding, we have considered petitioner’s contention that respondent did not fulfill what petitioner claims was respondent’s responsibility to investigate and ascertain during the administrative consideration of petitioner’s request for relief under sec. 6015(f) all of the facts and circumstances with respect to petitioner’s claim for equitable relief under sec. 6015(f). Regardless of whether or not petitioner’s contention has any merit, petitioner had the opportunity at trial to intro- duce admissible evidence into the record that established all of the facts which she claims respondent had a duty to investigate and ascertain and on which she relies in order to show that respondent abused respondent’s discretion in denying her relief under sec. 6015(f).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011