- 24 - material factor in deciding whether to grant equitable relief under section 6015(b)(1)(D) or its predecessor section 6013(e)(1)(D)11 “[w]hether the failure to report correctly tax liability results from ‘concealment, overreaching, or any other wrongdoing’ on the part of the ‘guilty’ spouse”. Hayman v. Commissioner, 992 F.2d 1256, 1262 (2d Cir. 1993), affg. T.C. Memo. 1992-228; see also Ewing v. Commissioner, 122 T.C. at 48- 49; Jonson v. Commissioner, 118 T.C. at 119. For all of the above reasons, we hold that respondent’s denial of equitable relief under section 6015(f) was an abuse of discretion and that it would be inequitable to hold petitioner liable for the underpayment of tax reflected on the original 1996 return. Therefore, petitioner is entitled to a refund of the additional tax and associated interest paid in connection with the filing of the 1996 amended return. See sec. 6015(g)(1). To reflect the foregoing, Decision will be entered for petitioner. 11 Cases interpreting former sec. 6013(e) remain instructive to an analysis of sec. 6015(b)(1)(D), Jonson v. Commissioner, supra, and the equitable factors we consider under sec. 6015(b)(1)(D) are the same equitable factors we consider under sec. 6015(f), Alt v. Commissioner, 119 T.C. 306, 316 (2002).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
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