- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011