Sandra Browda, Petitioner, and David Browda, Intervenor - Page 9

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          v. Commissioner, supra at 198; Butler v. Commissioner, 114 T.C.             
          276, 292 (2000).  Petitioner bears the burden of proving that               
          respondent’s denial of equitable relief under section 6015(f) was           
          an abuse of discretion.  Rule 142(a); Alt v. Commissioner, 119              
          T.C. 306, 311 (2002); Jonson v. Commissioner, 118 T.C. 106, 113             
          (2002), affd. 353 F.3d 1181 (10th Cir. 2003).  Petitioner must              
          demonstrate that respondent exercised his discretion arbitrarily,           
          capriciously, or without sound basis in fact or law.  Jonson v.             
          Commissioner, supra at 125; Woodral v. Commissioner, 112 T.C. 19,           
          23 (1999).                                                                  
               As directed by section 6015(f), the Commissioner has                   
          prescribed procedures to be used in determining whether the                 
          requesting spouse qualifies for relief from joint and several               
          liability under section 6015(f).  These procedures are set forth            
          in Revenue Procedure 2000-15, 2000-1 C.B. 447 (the revenue                  
          procedure).6  Where, as here, the requesting spouse satisfies the           
          threshold conditions,7 section 4.02(1) of the revenue procedure             
          sets forth the circumstances under which respondent ordinarily              
          will grant relief to that spouse under section 6015(f) in a case            
          like the instant case where a liability is reported on a joint              
          return but not paid.  Subject to limitations not applicable here,           


               6  As relevant herein, Rev. Proc. 2000-15, sec. 3, 2000-1              
          C.B. 447, 448, is applicable with respect to any liability for              
          tax arising after July 22, 1998, or any liability for tax arising           
          on or before July 22, 1998, that was unpaid on that date.                   
               7  Respondent concedes that petitioner has satisfied the               
          threshold conditions of Rev. Proc. 2000-15, sec. 4.01, supra.               




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