Kirsten Nelson, a.k.a. Kirsten E. Hillstrom - Page 7

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               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 respondent            






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