- 14 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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