- 17 - supported by evidence but in no way appears to have affected the reporting of items on the return and does not outweigh the fact that petitioner had an affirmative duty to evaluate and check the return. Although the return was sent without payment, it correctly reported petitioner's and Mr. Pierce's tax liability. Taking into account all of the facts and circumstances, it would not be inequitable to hold petitioner liable for the underpayment in question. Consequently, respondent's denial of petitioner's request for equitable relief under section 6015(f) is not an abuse of discretion. Based on the facts and circumstances in this case, many of the factors in Rev. Proc. 2000-15, sec. 4.03, 2001-C.B. at 448, are neutral. The negative factors discussed above outweigh any positive factors in favor of relief. Based on the record before this Court, we do not find respondent's denial of section 6015 relief to be arbitrary, capricious, or without sound basis in fact or law. The Court has considered all of the other arguments made by petitioner, and, to the extent they remain unaddressed, concludes they are without merit. We hold that respondent correctly determined that collection by levy should proceed. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011