Philip Cullen - Page 12

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          examination that he did not suffer any verbal or physical abuse             
          from Ms. Cullen.  Thus, the Court concludes that petitioner knew            
          or had reason to know that there was an understatement of tax on            
          the 1999 joint tax return; that it was not signed under duress;             
          and that section 6015(c) relief is not available.  See Jonson v.            
          Commissioner, 118 T.C. at 115.                                              
          IV. Relief Under Section 6015(f)                                            
               This Court has jurisdiction to review the denial of                    
          equitable relief.  Fernandez v. Commissioner, 114 T.C. 324, 328-            
          329 (2000); Butler v. Commissioner, supra at 292.  The Court’s              
          precedent indicates it reviews respondent’s denial of relief to             
          determine whether respondent abused his discretion by acting                
          arbitrarily, capriciously or without sound basis in fact.  Ewing            
          v. Commissioner, 122 T.C. 32, 39 (2004); Butler v. Commissioner,            
          supra at 287-292.  Petitioner has failed to make that showing               
          here.                                                                       
               Section 6015(f) provides as follows:                                   
                    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.                                                        







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