Craig A. Penfield - Page 15




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               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 be                






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