Joan Phyllis Levy - Page 23

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          Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th             
          Cir. 2002).                                                                 
               Respondent denied petitioner’s request for equitable relief            
          under section 6015(f) for 1991 through 1999 on the basis that she           
          had failed to reply to respondent’s request for additional                  
          information.12  We note that in reviewing whether respondent’s              
          determination was an abuse of discretion, our finding is made in            
          a trial de novo and is not limited to matter contained in                   
          respondent’s administrative record.  Ewing v. Commissioner, 122             
          T.C. 32, 44 (2004).                                                         
               As directed by section 6015(f), the Commissioner has                   
          prescribed guidelines in Rev. Proc. 2000-15, 2000-1 C.B. 447,               
          448, that the Commissioner will consider in determining whether             
          an individual qualifies for relief under section 6015(f).  Rev.             
          Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, lists seven                   
          conditions (threshold conditions) which must be satisfied before            
          the Commissioner will consider a request for relief under section           
          6015(f).  Respondent agrees that those threshold conditions are             
          satisfied in this case.13                                                   

               12 Petitioner alleges that her failure to respond and                  
          provide additional information resulted from the letters to her             
          from the Internal Revenue Service not being forwarded timely to             
          her by Levy and other persons at her accountant’s old business              
          office address.                                                             
               13 Rev. Proc. 2003-61, 2003-2 C.B. 296, 299, which                     
          superseded Rev. Proc. 2000-15, 2000-1 C.B. 447, is not applicable           
                                                             (continued...)           





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