- 6 - Commissioner, 78 T.C. 100, 129 (1982) (citing Bruner v. Commissioner, 39 T.C. 534, 537 (1962); Neeman v. Commissioner, 13 T.C. 397, 399 (1949), affd. per curiam 200 F.2d 560 (2d Cir. 1952); Casey v. Commissioner, 12 T.C. 224, 227 (1949); Bonner v. Commissioner, T.C. Memo. 1979-435; Ballenger v. Commissioner, T.C. Memo. 1955-171). Relief from joint and several liability is available to certain taxpayers under section 6015. There are three avenues for relief available under this section–-section 6015(b), (c), (f). In reaching the decision at the administrative level in this case, the Appeals officer denied relief under subsections (b) and (c) finding that petitioner had actual knowledge. The Appeals officer also denied relief under subsection (f) noting: While no formal request under 6015(f) was received during the CDP process, the taxpayer’s statements all concerned the inequity of holding her liable and her inability to pay. The taxpayer provided no financial information so Appeals could make no determination as to the hardship provisions of 6015(f) * * *. Appeals considered the taxpayer’s statements about the inequity of holding her liable, but her bare statements alone were insufficient to overcome the prior denial of relief. Both the taxpayer and her POA were given time to supply additional supporting documentation and chose not to do so. The Appeals officer sustained the levy action. This Court will reverse the Appeals officer’s finding only if petitioner establishes there was an abuse of discretion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011