Stanley K. and Tomi L. Baumann - Page 17

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               Respondent found that Tomi was not entitled to relief under            
          either section 6015(b) or (c) because she had actual knowledge of           
          the gambling activity.  Furthermore, Tomi agrees that she was not           
          eligible for relief under either section 6015(b) or (c), and that           
          she was entitled to partial relief under section 6015(f) as                 
          respondent determined.                                                      
               Typically, a spouse seeking equitable relief from joint and            
          several liability under section 6015(f) must prove that the                 
          Commissioner’s determination regarding relief was an abuse of               
          discretion.9  Rule 142(a); Washington v. Commissioner, 120 T.C.             
          137, 146 (2003); 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); Butler v. Commissioner, 114 T.C. at 291-292.  The               
          Commissioner’s exercise of discretion is entitled to due                    
          deference; in order to prevail, the taxpayer must demonstrate               
          that the Commissioner exercised his discretion arbitrarily,                 
          capriciously, or without sound basis in fact or law.  Jonson v.             
          Commissioner, supra at 125.  Here, the nonrequesting spouse,                
          Stanley, must demonstrate that respondent exercised his                     
          discretion arbitrarily, capriciously, or without sound basis in             



               9The taxpayer bears the burden of proof except as otherwise            
          provided in sec. 6015.  Rule 142(a); Alt v. Commissioner, 119               
          T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004).              





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