Andrea J. Vuxta - Page 6

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               Except as otherwise provided in section 6015, petitioner               
          bears the burden of proof.  Rule 142(a); Alt v. Commissioner, 119           
          T.C. 306, 311 (2002).                                                       
               To prevail, petitioner must show that respondent’s denial of           
          equitable relief from joint and several liability under section             
          6015(f) was an abuse of discretion.  Jonson v. Commissioner, 118            
          T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003);                 
          Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002).  Petitioner must demonstrate that                 
          respondent exercised his discretion arbitrarily, capriciously, or           
          without sound basis in fact or law.  Jonson v. Commissioner,                
          supra; Woodral v. Commissioner, 112 T.C. 19, 23 (1999).                     
               As directed by section 6015(f), the Commissioner has                   
          prescribed procedures in determining whether a spouse qualifies             
          for relief under that subsection.  The applicable provision is              
          found in Rev. Proc. 2000-15, 2000-1 C.B. 447.4  We have upheld              
          the procedures in reviewing a determination.  Washington v.                 
          Commissioner, 120 T.C. 137, 147-152 (2003).                                 
               Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, provides            
          seven threshold conditions that must be satisfied before the                

               4  This revenue procedure was superseded by Rev. Proc. 2003-           
          61, which is effective either for requests for relief filed on or           
          after Nov. 1, 2003, or for requests for relief pending on Nov. 1,           
          2003, for which no preliminary determination letter has been                
          issued as of Nov. 1, 2003.  Rev. Proc. 2003-61, sec. 7, 2003-32             
          I.R.B. 296, 299.                                                            





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