Angela Rae Zachry, Petitioner, and Curtis Carlin, Intervenor - Page 6

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          Petitioner filed a timely petition in this Court appealing the              
          Appeals officer’s decision.  On March 31, 2004, intervenor filed            
          a timely Notice of Intervention.                                            
               The Court must decide whether petitioner is entitled to                
          relief from joint liability in lieu of the Appeals officer’s                
          determination.  Where the underlying tax liability is properly at           
          issue before the Appeals officer, this Court reviews that issue             
          on a de novo basis.  Goza v. Commissioner, 114 T.C. 176, 181-182            
          (2000).  However, where the underlying tax liability is not at              
          issue, as in this case, this Court reviews the determination on             
          the basis of whether there was an abuse of discretion by                    
          respondent.  Sego v. Commissioner, 114 T.C. 604 (2000).  An abuse           
          of discretion is defined as any action that is unreasonable,                
          arbitrary or capricious, clearly unlawful, or lacking sound basis           
          in law, taking into account all the facts and circumstances.                
          E.g., Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533            
          (1979); Swanson v. Commissioner, 121 T.C. 111, 119 (2003).                  
               Married persons who file a joint Federal income tax return             
          generally are jointly and severally liable for the payment of the           
          tax shown on the return or found to be owing.  Sec. 6013(d)(3);             
          Cheshire v. Commissioner, 115 T.C. 183, 188 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002).  Furthermore, agreements between                  
          spouses with respect to how liability is shared on tax                      
          deficiencies are not binding on this Court.  Pesch v.                       






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