- 44 - affd. 353 F.3d 1181 (10th Cir. 2003). A taxpayer bears the burden of proving that the Commissioner abused his discretion. Washington v. Commissioner, 120 T.C. 137, 146 (2003). Pursuant to section 6015(f), the Commissioner has prescribed procedures to determine whether a taxpayer qualifies for relief under that section. Those procedures are set forth in Rev. Proc. 2000-15, 2000-1 C.B. 447. This Court has upheld the use of those procedures in reviewing a negative determination for relief from joint and several liability. Jonson v. Commissioner, supra. Section 4.01 of Rev. Proc. 2000-15, 2000-1 C.B. at 448, lists seven threshold conditions that must be satisfied before the Commissioner will consider a request for relief under section 6015(f). If the threshold conditions are satisfied, relief may be granted under section 4.02 of Rev. Proc. 2000-15, which applies to relief from liability that is reported on a joint return but that remains unpaid. If that section does not apply, the Commissioner looks to section 4.03 of Rev. Proc. 2000-15 to determine whether the taxpayer should be granted relief. In this case, respondent does not assert that petitioner has failed to meet any of the threshold requirements of section 4.01 of Rev. Proc. 2000-15. Because the liability in question was not reported on the joint return, section 4.02 of Rev. Proc. 2000-15 is not applicable in this case. We therefore turn to sectionPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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