John A. and Donna L. Rowe - Page 28




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          has been granted under section 6015(b) and (c), and we are                  
          unaware of caselaw discussing this issue.  Indeed, our holding in           
          Rowe I represents the first instance where an electing spouse has           
          been granted relief under section 6015(b) or (c) for a portion of           
          a deficiency attributable to an item, and then granted equitable            
          relief under section 6015(f) for the remaining portion of the               
          deficiency attributable to the same item.                                   
               This was a complex case involving detailed findings of fact            
          and the application of relatively new legal principles to these             
          facts.  Respondent’s position was not contrary to existing                  
          caselaw and the language in the statute providing relief if                 
          “taking into account all the facts and circumstances, it is                 
          inequitable to hold the individual liable” requires a decision by           
          the Commissioner on the basis of the particular facts of each               
          case.  Accordingly, we find that respondent’s litigating position           
          with respect to section 6015(f), although ultimately incorrect,             
          was substantially justified.                                                
                         b.   Additions to Tax and Penalties                          
               Respondent initially denied petitioner equitable relief for            
          the additions to tax and penalties determined in the notices of             
          deficiencies.  On brief, the parties conceded some of the                   
          determinations.  We note that petitioner has not presented                  
          specific arguments as to why respondent was not substantially               
          justified in denying, or delaying in the granting of, relief for            






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