- 7 - No deficiency exists in the present case. Rather, there is an underpayment of tax. When petitioner and Mr. Moore filed their 1992 joint return, they did not remit any payment. Therefore, we hold petitioner is not entitled to relief under section 6015(b) or (c). We have jurisdiction to review the Commissioner’s denial of a requesting spouse’s request for equitable relief under section 6015(f). Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Butler v. Commissioner, 114 T.C. 276, 292 (2000). We review such denial of relief to decide whether respondent abused his discretion by acting arbitrarily, capriciously, or without sound basis in fact. Jonson v. Commissioner, supra; Butler v. Commissioner, supra. Section 6015(f) authorizes the Commissioner to grant equitable relief if: (1) taking into account all the facts and 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) * * * On the basis of the record before us we find that the denial was based solely on the ground given in the preliminary determination letter; i.e., petitioner’s request for relief was not made within 2 years of respondent’s first collection activity taken after July 22, 1998. There is no evidence that respondentPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011