Catherine Rosenthal - Page 15

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               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 by                   





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