Linda J. Bowen - Page 6

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          (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 be                  






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