- 5 - (2000). The Court’s review is not limited to the Commissioner’s administrative record. Ewing v. Commissioner, 122 T.C. 32, 44 (2004). Except as otherwise provided in section 6015, the taxpayer bears the burden of proof. Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Respondent has failed to carry his burden of proof with respect to a factual issue necessary to deny petitioner relief under section 6015(c). The Court, therefore, grants petitioner relief under section 6015(c), and we need not address her claims for relief under section 6015(b) and (f). Section 6015(c) Relief The Court has described section 6015(c) as functioning to: “[relieve] the requesting spouse of liability for the items making up the deficiency that would have been allocable solely to the nonrequesting spouse if the spouses had filed separate tax returns for the taxable year.” Mora v. Commissioner, 117 T.C. 279, 290 (2001). In order to obtain relief under section 6015(c), the party seeking relief (the requesting spouse) must satisfy certain requirements. The return for which relief is sought must be a joint return, section 6015(c)(1); the requesting spouse must timely file an election for relief, section 6015(c)(3)(B); and, at the time the election is filed, the requesting spouse must no longer be married to, or must bePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011