- 7 - there’s an underpayment, the Court has to look at a different part of the tax law, section 6015(f). This section lets one spouse out of having to pay taxes if “it is inequitable to hold the individual liable for any unpaid tax.” Sec. 6015(f). The Commissioner writes a guide, called a “revenue procedure,” that tells IRS employees what to look for in deciding questions of “inequitability”. Washington v. Commissioner, 120 T.C. 137, 147- 152 (2003); Jonson v. Commissioner, 118 T.C. 106, 125-126 (2002), affd. 353 F.3d 118 (10th Cir. 2003). Revenue Procedure 2000-15 was the procedure in effect when the Commissioner issued his final notice of determination to Negoescu, and that’s the revenue procedure that we look at in reviewing what he did. Rev. Proc. 2000-15, 2000-1 C.B. 447. We begin by noting that Negoescu has the burden of proof, Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). This means that she must show that the Commissioner abused his discretion--in other words, that he was arbitrary, capricious, or acting without sound basis in fact when he denied her relief. Jonson, 118 T.C. at 125; Butler v. Commissioner, 114 T.C. 276, 291-292 (2000). The revenue procedure begins with a list of conditions that a person trying to win innocent spouse relief must show. These include proof that she filed a joint return, did not qualify for relief under section 6015(b) or (c), and did not fraudulentlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011