Connie A. Washington - Page 24

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          all the facts and circumstances, we conclude that (1) respondent’s          
          denial of relief under section 6015(f) was an abuse of discretion,          
          and (2) that it would be inequitable to hold petitioner liable for          
          the unpaid 1989 tax liability.  See Ferrarese v. Commissioner, T.C.         
          Memo. 2002-249; August v. Commissioner, T.C. Memo. 2002-201; Foley          
          v. Commissioner, T.C. Memo. 1995-16; Klimenko v. Commissioner, T.C.         
          Memo. 1993-340; Hillman v. Commissioner, T.C. Memo. 1993-151.8              
          B.   Whether Petitioner Is Entitled to Refunds for Amounts Paid on          
               or Before July 22, 1998                                                
               Since we have concluded that it would be inequitable to hold           
          petitioner liable for the unpaid 1989 tax liability, we now must            
          decide whether petitioner is entitled to the refund of amounts              
          paid on/applied to the unpaid 1989 tax liability.                           


               8    Cases deciding whether a taxpayer was entitled to                 
          equitable relief under sec. 6013(e)(1)(D) are helpful in deciding           
          whether a taxpayer is entitled to relief under sec. 6015(f).                
          Mitchell v. Commissioner, 292 F.3d 800, 806 (D.C. Cir. 2002)                
          (“Subsection (f) has no statutory antecedent as a stand alone               
          provision, but has roots in the equity test of former subparagraph          
          6015(b)(1)(D) carried forward into subparagraph 6015(b)(1)(D).”),           
          affg. T.C. Memo. 2002-332.  In Cheshire v. Commissioner, 282 F.3d           
          326, 338 n.29 (5th Cir. 2002), affg. 115 T.C. 183 (2000), the U.S.          
          Court of Appeals for the Fifth Circuit stated:                              
               Because the wording of � 6015(f)(1) is virtually                       
               identical to that of former � 6013(e)(1)(D), case law                  
               construing former � 6013(e)(1)(D) is helpful in                        
               determining whether the Commissioner abused his                        
               discretion in denying equitable relief to Appellant under              
               current � 6015(f)(1).  See Butler v. Commissioner, 114                 
               T.C. at 291 (applying the � 6013(e)(1)(D) standard to a                
               �  6015(f)  inquiry  because  ‘the  language  of  sec.                 
               6015(f)(1) does not differ significantly from the                      
               language of former sec. 6013(e)(1)(D)’).                               





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