- 13 - prevail, the taxpayer must demonstrate that in not granting relief, the Commissioner exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Mailman v. Commissioner, 91 T.C. 1079, 1082-1084 (1988). Because petitioner is entitled to section 6015(c) relief with respect to the charitable contribution deductions, she is not eligible for equitable relief with respect to the resulting deficiencies. Sec. 6015(f)(2). We therefore only address equitable relief with respect to the rental loss deductions. As directed by section 6015(f), respondent has prescribed procedures in Revenue Procedure 2000-15, 2000-1 C.B. 447, that the Commissioner will consider in determining whether an individual qualifies for relief under that section. Section 4.03 of the revenue procedure lists several nonexclusive factors to be considered in determining eligibility for relief. In denying equitable relief, respondent most heavily relied upon two of these factors--petitioner’s knowledge of the facts underlying the rental of the condominium unit to her daughter, and petitioner’s receipt of a significant benefit from the understatement of tax. As discussed above, petitioner had full knowledge of the underlying facts concerning the rental of the condominium unit. Furthermore, she made no effort to review the tax returns or otherwise verify their accuracy prior to signing them. ShePage: 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