Shirley Westerhuis - Page 5

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          6015(b) and (c) are unavailable.  Petitioner is not eligible for            
          relief under either section 6015(b) or (c).                                 
               Section 6015(f) provides:                                              
                    SEC. 6015(f).  Equitable Relief.–-Under procedures                
               prescribed by the Secretary, if--                                      
                         (1) taking into account all the facts and                    
                    circumstances, it is inequitable to hold the individual           
                    liable for any unpaid tax or any deficiency (or any               
                    portion of either); and                                           
                         (2) relief is not available to such individual               
                    under subsection (b) or (c),                                      
               the Secretary may relieve such individual of such liability.           
               To prevail, petitioner must show that respondent’s denial of           
          equitable relief under section 6015(f) was an abuse of                      
          discretion.  Jonson v. Commissioner, 118 T.C. 106, 125 (2002);              
          Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002); Butler v. Commissioner, 114 T.C. 276,             
          292 (2000).  As directed by section 6015(f), the Commissioner               
          prescribed procedures to use in determining whether the                     
          requesting spouse qualifies for relief under section 6015(f).               
          Those procedures are found in Rev. Proc. 2000-15, 2000-1 C.B.               
          447.2  The revenue procedure includes a partial list of the                 
          positive and negative factors to be considered, including whether           
          the requesting spouse is divorced, whether the requesting spouse            


          2  Rev. Proc. 2000-15, sec. 3, 2000-1 C.B. 447, 448, is                     
          applicable for any liability for tax arising on or before July              
          22, 1998, that was unpaid on that date.                                     





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