Margaret A. Durham - Page 7

                                        - 7 -                                         
          v. Commissioner, supra at 311.  Petitioner must demonstrate that            
          respondent exercised his discretion arbitrarily, capriciously, or           
          without sound basis in fact or law.  See Jonson v. Commissioner,            
          118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003);             
          Woodral v. Commissioner, 112 T.C. 19, 23 (1999).                            
               As directed by section 6015(f), the Commissioner has                   
          prescribed procedures for determining whether a spouse qualifies            
          for relief under subsection (f).  The applicable provision is               
          found in Rev. Proc. 2000-15, 2000-1 C.B. 447.3  We have upheld              
          the procedures in reviewing a determination.  Washington v.                 
          Commissioner, 120 T.C. 137, 147-152 (2003); Ohrman v.                       
          Commissioner, T.C. Memo. 2003-301.                                          
               Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, provides            
          seven threshold conditions that must be satisfied before the                
          Commissioner will consider a request for equitable relief under             
          section 6015(f).  According to this revenue procedure, one of               
          these threshold conditions is that the “requesting spouse applies           
          for relief no later than two years after the date of the                    
          Service’s first collection activity after July 22, 1998, with               



               3  This revenue procedure was superseded by Rev. Proc. 2003-           
          61, which is effective either for requests for relief filed on or           
          after Nov. 1, 2003, or for requests for relief pending on Nov. 1,           
          2003, for which no preliminary determination letter has been                
          issued as of Nov. 1, 2003.  Rev. Proc. 2003-61, sec. 7, 2003-32             
          I.R.B. 296, 299.                                                            





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011