- 8 - We review the Commissioner’s determination to deny section 6015(f) equitable relief using an abuse of discretion standard and defer to the Commissioner’s determination unless it is arbitrary, capricious, or without sound basis in fact. Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003). For each year here relevant, petitioner bears the burden of proving that respondent’s denial of her request for section 6015(f) relief is an abuse of discretion. Washington v. Commissioner, supra at 146; Jonson v. Commissioner, supra at 125. As required by section 6015(f), the Commissioner has prescribed procedures and factors Internal Revenue Service employees use to determine whether a spouse qualifies for relief under that subsection. At the time that petitioner requested relief under section 6015(f), those procedures were set forth in Rev. Proc. 2000-15, 2000-1 C.B. 447. (Subsequent modification of these procedures by Rev. Proc. 2003-61, 2003-32 I.R.B. 296, does not affect the resolution of this case.) Certain threshold conditions must be satisfied before the Commissioner will consider a request for relief under section 6015(f). See Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448. Respondent agrees that petitioner satisfies these threshold conditions for each year here under consideration, and we focus our attention on other parts of the controlling revenue procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011