- 7 - circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either); and (2) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability.[6] The Commissioner uses guidelines prescribed in Rev. Proc. 2000- 15, 2000-1 C.B. 447, to determine whether a taxpayer qualifies for relief from joint and several liability under section 6015(f).7 We review the Commissioner’s determination using an abuse of discretion standard. See Washington v. Commissioner, 120 T.C. 137, 146 (2003); Butler v. Commissioner, supra at 292. Under this standard of review, we defer to the Commissioner’s determination unless it is arbitrary, capricious, or without sound basis in fact. Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003). The taxpayer requesting section 6015(f) relief bears the burden of proof. See Rule 142(a); Jonson v. Commissioner, supra at 113. 6Because petitioner seeks relief from underpayments of tax rather than understatements, relief under subsecs. (b) and (c) of sec. 6015 is not available to her. Sec. 6015(b) and (c); see also Washington v. Commissioner, 120 T.C. 137, 145-147 (2003). 7On Aug. 11, 2003, the Commissioner issued Rev. Proc. 2003- 61, 2003-2 C.B. 296, which supersedes Rev. Proc. 2000-15, 2000-1 C.B. 447, effective for requests for relief filed on or after Nov. 1, 2003, and for requests for relief pending on Nov. 1, 2003, for which no preliminary determination letter has been issued as of that date.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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