- 15 - B. Application of the Factors to Petitioner 1. Respondent’s Notice of Determination Respondent based his denial of equitable relief on a finding that petitioner “failed to show” that she (1) lacked knowledge of the IRA distribution and (2) did not benefit from that distribution. We interpret that finding as a finding that petitioner did have knowledge of the IRA distribution and did significantly benefit from that distribution. Knowledge or reason to know of “the item giving rise to a deficiency” and the existence of a significant benefit “(beyond normal support) from the unpaid tax liability or items giving rise to the deficiency” are both negative factors weighing against relief pursuant to Rev. Proc. 2000-15, section 4.03(2)(b) and (c). In his notice of determination respondent characterized the presence of those negative factors as a failure on petitioner’s part “to meet the centralized factors for relief.” Petitioner’s burden is to demonstrate that respondent’s denial of equitable relief under section 6015(f) was an abuse of discretion; i.e., that respondent acted arbitrarily, capriciously, or without sound basis in fact. Ewing v. Commissioner, 122 T.C. at 36-37; Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003). 2. Petitioner Did Not Have Knowledge or Reason To Know of the Unreported Income The first of the two negative factors relied upon byPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011