Ingrid Capehart - Page 29

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          C.   Section 6015(f)                                                        
               We review the Commissioner’s determination to deny equitable           
          relief under section 6015(f) using an abuse of discretion                   
          standard.  Butler v. Commissioner, 114 T.C. at 287-292.  Under              
          this standard of review, we defer to the Commissioner’s                     
          determination unless it is arbitrary, capricious, or without                
          sound basis in fact.  Jonson v. Commissioner, 118 T.C. 106, 125             
          (2002), affd. 353 F.3d 1181 (10th Cir. 2003).  The question of              
          whether the Commissioner’s determination was an abuse of his                
          discretion is a question of fact.  Cheshire v. Commissioner, 115            
          T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th Cir. 2002).  A                
          requesting spouse bears the burden of proving that the                      
          Commissioner abused his discretion in denying her relief under              
          section 6015(f).                                                            
               The parties agree that it is appropriate to consider whether           
          petitioner qualifies for relief under section 6015(f) even though           
          respondent has granted petitioner partial relief under section              
          6015(c).  See Hopkins v. Commissioner, 121 T.C. 73, 87 (2003).              
          However, the parties disagree as to whether it is inequitable to            
          hold petitioner liable for any portion of the deficiency under              
          section 6015(f).  Therefore, we must decide whether respondent              
          abused his discretion in denying petitioner relief from joint and           
          several liability under section 6015(f).  Cheshire v.                       
          Commissioner, supra at 198; Butler v. Commissioner, supra at 292.           






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