- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011