- 9 - 6015(e)(1) for a review of the Commissioner’s determination. Our jurisdiction in cases brought under section 6015(e)(1) encompasses a review of the Commissioner’s determination with respect to all relief afforded by section 6015. Ewing v. Commissioner, 118 T.C. 494, 497-507 (2002); Fernandez v. Commissioner, 114 T.C. 324, 330-331 (2000); Butler v. Commissioner, supra at 289-290. This type of case is referred to as a “stand-alone” case, in that petitioner’s request for relief is independent of any deficiency proceeding. Ewing v. Commissioner, supra at 497 (quoting Fernandez v. Commissioner, supra at 329). In this case, petitioner seeks equitable relief under section 6015(f). To prevail, petitioner must prove that respondent’s denial of equitable relief from joint liability under section 6015(f) was an abuse of discretion. See Rule 142(a); Washington v. Commissioner, 120 T.C. 137, 146 (2003); Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th Cir. 2002); Demirjian v. Commissioner, T.C. Memo. 2004-22.2 The Commissioner’s exercise of discretion is entitled to due deference; in order to prevail, the taxpayer must demonstrate that, in not granting relief, the Commissioner exercised his discretion arbitrarily, capriciously, 2Petitioner has not alleged sec. 7491 applies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011