- 17 - (2) if such individual is eligible to elect the application of subsection (c), such individual may, in addition to any election under paragraph (1), elect to limit such individual’s liability for any deficiency with respect to such joint return in the manner prescribed under subsection (c). Where relief is not available under section 6015(b) or (c), section 6015(f) provides an additional alternative for relief from joint and several liability, at the discretion of the Secretary, if it would be inequitable to hold the taxpayer liable for any unpaid tax or deficiency. Rev. Proc. 2003-61, 2003-2 C.B. 296. B. Relief Under Section 6015(b) and (c) Relief under section 6015(b) or (c) is premised on the existence of a deficiency. Sec. 6015(b)(1)(B) and (c)(1); Block v. Commissioner, 120 T.C. 62, 65-66 (2003). Since this case does not involve a deficiency or an understatement, relief under section 6015(b)(1) or (c) is not available. C. Relief Under Section 6015(f) The Tax Court has jurisdiction to review a denial of equitable relief. Fernandez v. Commissioner, 114 T.C. 324, 328- 330 (2000). The Tax Court reviews respondent’s denial of relief to determine whether respondent’s determination was arbitrary, capricious, clearly unlawful, or without sound basis in law or fact. Ewing v. Commissioner, 122 T.C. 32, 39 (2004). Where relief is not available under section 6015(b) or (c), petitioner may be entitled to relief if it would be “inequitablePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011