- 9 - Commissioner's failure to make a timely determination, by filing a timely petition in this Court. Sec. 6015(e). These cases are referred to as “stand alone” cases because they are independent of any deficiency proceeding. Sec. 6015(e)(1); Mora v. Commissioner, 117 T.C. 279 (2001); Fernandez v. Commissioner, 114 T.C. 324, 329 (2000). In this stand alone case, petitioner relies upon section 6015(f) which authorizes respondent to grant equitable relief to those taxpayers who do not otherwise meet the requirements of section 6015(b) or (c) but who satisfy the requirements of section 6015(f)(1) and (2). 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. The parties agree that petitioner is not eligible for relief under either section 6015(b) or (c).5 Sec. 6015(f)(2). The 5In pertinent part, sec. 6015(b) provides relief from joint and several liability for an electing spouse who has filed a joint return that contains an understatement of tax attributable to the spouse not seeking relief. Sec. 6015(b)(1). Sec. 6015(c) provides relief from a joint deficiency for taxpayers who are (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011