- 15 - We review respondent’s denial of equitable relief to petitioner under an abuse of discretion standard. Cheshire v. Commissioner, 115 T.C. at 198; Butler v. Commissioner, 114 T.C. 276, 292 (2000). Petitioner bears the burden of proving that respondent abused respondent’s discretion in denying him relief under section 6015(f). Jonson v. Commissioner, 118 T.C. 106, 125 (2002). In accordance with section 6015(f), respondent has provided the revenue procedure to be used in determining whether an individual qualifies for relief under that section. Where, as is the case here, the requesting spouse satisfies the threshold conditions set forth in section 4.01 of the revenue procedure, section 4.03, applicable to a relief-seeking spouse in petitioner’s situation, provides that equitable relief may be granted under section 6015(f) “if, taking into account all the facts and circumstances, it is inequitable to hold the requesting spouse liable for all or part of the unpaid liability or deficiency.” The revenue procedure provides a partial list of positive and negative factors which respondent is to take into account in considering whether respondent will grant an individual full or partial equitable relief under section 6015(f). No single factor is to be determinative in any particular case, all factors are to be considered and weighed appropriately, and the list of factors is not intended to bePage: 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