Rhea Ione Supplee Negoescu - Page 8

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          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 fraudulently                 






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