Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 15

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          unpaid liability.  Again, giving petitioner the benefit of the              
          doubt, four of the factors weigh against granting relief.                   
               The lists of factors are not exhaustive, no single factor is           
          determinative, and all factors should be considered and weighed             
          appropriately.  Rev. Proc. 2000-15, sec. 4.03.  Taking into                 
          account the above-listed factors as applied to the facts in this            
          case, we conclude that respondent did not act arbitrarily,                  
          capriciously, or without sound basis in fact in denying                     
          petitioner’s request for equitable relief under section 6015(f).            
          Consequently, respondent’s denial is not an abuse of discretion.            
               C.  Addition to Tax and Penalty                                        
               Respondent imposed a section 6651(a)(1) addition to tax upon           
          the ground that the 1998 return was not timely.  Respondent also            
          imposed a section 6662(a) accuracy-related penalty upon the                 
          ground that the underpayment of tax required to be shown on the             
          1998 return is a substantial understatement of income tax.                  
          Respondent bears the burden of production with respect to each of           
          these items.  See sec. 7491(c).                                             
                    1.  Section 6651(a)(1) Addition to Tax                            
               Section 6651(a)(1) provides for an addition to tax in an               
          amount equal to 5 percent of the amount of the tax shown on the             
          return for the first month, plus an additional 5 percent for each           
          additional month or fraction of a month during which the failure            
          to file continues, up to a maximum of 25 percent of the tax in              






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