Joan Phyllis Levy - Page 22

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          v. Commissioner, 20 F.3d 1128, 1136-1137 (11th Cir. 1994), affg.            
          T.C. Memo. 1993-17.  In addition, respondent has not shown that             
          petitioner had actual knowledge of the item giving rise to the              
          deficiency.  See sec. 6015(c)(3)(C).                                        
               Accordingly, we hold that petitioner is entitled to relief             
          under section 6015(c) from joint liability for the 1979                     
          deficiency.  In light of this holding, we need not consider                 
          whether petitioner is eligible to receive relief under section              
          6015(f) for 1979.11                                                         
          C.  Relief Under Section 6015(f) for 1991 Through 1999                      
               Respondent denied petitioner’s request for equitable relief            
          under section 6015(f) from joint liability for 1991, 1992, 1993,            
          1994, 1995, 1996, 1997, 1998, and 1999.                                     
               We have jurisdiction to review the Commissioner’s denial of            
          a requesting spouse’s request for equitable relief under section            
          6015(f).  Washington v. Commissioner, 120 T.C. at 145; Ewing v.             
          Commissioner, 118 T.C. 494, 497-507 (2002).  To prevail,                    
          petitioner must establish that respondent’s denial of equitable             
          relief under section 6015(f) was an abuse of discretion.                    
          Washington v. Commissioner, supra at 146; Cheshire v.                       

               11 Refunds are limited to situations where relief is granted           
          under sec. 6015(b) or (f).  See sec. 6015(g).  However, there is            
          no indication in the record that petitioner would be entitled to            
          a refund or credit if granted relief under sec. 6015.  Because              
          relief under sec. 6015(f) would not provide petitioner any more             
          relief than she would obtain under sec. 6015(c), we need not give           
          this matter further consideration.  See sec. 6015(f)(2).                    





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