- 8 - circumstances, it is inequitable to hold the taxpayer liable for any unpaid tax or any deficiency and relief is not available under section 6015(b) or (c). The Court reviews the Commissioner’s denial of relief after a trial de novo under an abuse of discretion standard. Ewing v. Commissioner, 122 T.C. ___ (2004). Petitioner contends that he should be relieved from joint liability under section 6015(f), and thus he should not be required to repay the refund for 1999. We disagree. 2. Factors Listed in Rev. Proc. 2000-15 The Commissioner announced a list of factors in Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. 447, 448,6 that the Commissioner will consider in determining whether to grant equitable relief under section 6015(f). Rev. Proc. 2000-15, sec. 4.03(1), lists the following two facts, which if true, the Commissioner weighs in favor of granting relief: 1. The taxpayer is separated or divorced from the nonrequesting spouse. Petitioner and intervenor are divorced, and so this factor favors petitioner. 6 Rev. Proc. 2003-61, 2003-32 I.R.B. 296, superseded Rev. Proc. 2000-15, 2000-1 C.B. 447, for requests for relief under sec. 6015(f) pending on Nov. 1, 2003, for which no preliminary determination letter had been issued as of Nov. 1, 2003, and for requests for relief filed on or after Nov. 1, 2003. Thus, Rev. Proc. 2003-61, supra, does not apply in the instant case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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