Catherine Rosenthal - Page 2

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                    2.  Held, further, under the facts and circumstances,             
               R’s denial of equitable relief under sec. 6015(f), I.R.C.,             
               constitutes an abuse of discretion.                                    


               William O. Lenihan, for petitioner.                                    
               Theresa G. McQueeney, for respondent.                                  


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               HALPERN, Judge:  Pursuant to the provisions of section                 
          6015,1 petitioner applied for relief from joint and several                 
          liability for the 1996 taxable year by submitting a Form 8857,              
          Request for Innocent Spouse Relief, dated July 25, 1999.                    
          Respondent denied petitioner’s request for relief pursuant to a             
          notice of determination dated December 21, 2000 (the notice of              
          determination).  The notice of determination enclosed a Form 886-           
          A, Explanation of Items, in which respondent stated the basis for           
          his denial of relief as follows:                                            
               Innocent Spouse Relief cannot be granted due to the                    
               fact that you failed to meet the centralized factors                   
               for relief.  Electing spouse failed to show she had no                 
               knowledge of the unreported income from the pension                    
               distribution nor that she did not benefit from the                     
               income.                                                                
          On February 26, 2001, petitioner timely filed a petition with               
          this Court under section 6015(e) for review of respondent’s                 


               1  Unless otherwise noted, all section references are to the           
          Internal Revenue Code as currently in effect, and Rule references           
          are to the Tax Court Rules of Practice and Procedure.                       




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