- 11 - for the taxpayer to be held liable for a portion of the understatement. As previously discussed, other than the blanket statement that “it would be inequitable” to make her pay, petitioner submitted no evidence to the Appeals officer to support her claim for relief under section 6015(f). Petitioner bears a heavy burden of proof and respondent’s position deserves the Court’s deference. This Court does not interfere unless respondent’s determination is arbitrary, capricious, clearly unlawful, or without sound basis in fact or law. Ewing v. Commissioner, 122 T.C. 32, 39 (2004). Petitioner presented no additional evidence at trial to support her claim for relief under section 6015(f); therefore, the Court finds there was no abuse of discretion by the Appeals officer in denying her claim for equitable relief under section 6015(f). Petitioner received an appropriate hearing for purposes of section 6330(b)(1). Day v. Commissioner, T.C. Memo. 2004-30; Leineweber v. Commissioner, T.C. Memo. 2004-17; sec. 301.6330- 1(d)(2), Q&A-D6, Proced. & Admin. Regs. Respondent properly verified that the requirements of applicable law and administrative procedures were met and balanced the need for efficient collection of taxes with the legitimate concern of petitioner that the collection action be no more intrusive than necessary. On this record, the Court holds that there was noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011