- 12 - 3. Other Facts and Circumstances Section 6015(f) provides, inter alia, that, taking into account all of the facts and circumstances, the Commissioner may relieve an individual of joint liability for tax. Rev. Proc. 2000-15, sec. 4.03, states: No single factor will be determinative of whether equitable relief will or will not be granted in any particular case. Rather, all factors will be considered and weighed appropriately. The list is not intended to be exhaustive. No matter who made the error on their return (petitioner or intervenor), respondent concedes that the error was inadvertent. We do not believe that an underpayment resulting from an inadvertent computational error is an appropriate case for relief from joint liability under section 6015(f). 4. Conclusion Considering all the facts and circumstances, we hold that it is not inequitable to hold petitioner liable for the unpaid tax (i.e., resulting from the erroneous withholding amount and the resulting erroneous refund) for 1999. We determine that respondent’s denial of relief under section 6015(f) was not an abuse of discretion and that, on the basis of all the facts and circumstances, it would not be inequitable to hold petitioner liable for the underpayment of tax for 1999. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011