- 8 - * * * * * * * (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. Except as otherwise provided in section 6015, petitioner bears the burden of proof. Rule 142(a). Although section 7491(a) may operate in specified circumstances to place the burden on the Commissioner, subsection (a)(3) of that section provides that the burden-shifting does not apply “to any issue if any other provision of this title provides for a specific burden of proof with respect to such issue.” Section 6015(b)(1)(C) expressly requires the spouse electing relief to establish that he or she did not know or have reason to know of the understatement. Section 6015(c)(2) and (c)(3)(C) explicitly place the burden of proof on respondent to establish that the requesting spouse had knowledge of the item giving rise to the deficiency. We point out at this juncture that in deciding whether petitioner has carried his burden of proof, witness credibility is an important consideration. See Ishizaki v. Commissioner, T.C. Memo. 2001-318. We are not required to accept petitioner’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011