Paul Bi-Yang Chen and Chiu-Mei Chen - Page 13

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          general conditions a requesting spouse must meet in order to be             
          eligible for subsection (f) relief.  One of these is the absence            
          of fraudulent transfers of assets between the spouses.  As we               
          have already found, the Chens transferred assets back and forth             
          between Mrs. Chen, Mr. Chen, and PCTI in order to hide the trail            
          of fraud, and this enabled Mrs. Chen to give $50,000 to Mr. Chen            
          to cover some of his gambling losses.  Moreover, Mrs. Chen                  
          admitted that she acted with fraudulent intent.  This means that            
          the Commissioner did not abuse his discretion in concluding that            
          she did not qualify for (f) relief.6                                        
          III. Amount of Deficiency                                                   
               The only remaining issue is the amount of the deficiency,              
          which the Chens argue should not reflect the full amount of the             

               4(...continued)                                                        
          subsection (f) relief stems from the existence of an assertion of           
          a deficiency in this case.  Compare Commissioner v. Ewing, 439              
          F.3d 1009 (9th Cir. 2006) (no Tax Court jurisdiction when no                
          deficiency involved), revg. 122 T.C. 32 (2004) with Butler v.               
          Commissioner, 114 T.C. 276, 288 (2000) (Tax Court does have                 
          jurisdiction when 6015(f) relief is sought as defense to                    
          deficiency).                                                                
               5 This new revenue procedure replaced Revenue Procedure                
          2000-15, 2000-1 C.B. 447, and became effective on November 1,               
          2003, for all pending or subsequently filed requests for relief.            
          The principal change in the new IRS guidance is revision of the             
          weight given to the knowledge factor.  See Baumann v.                       
          Commissioner, T.C. Memo. 2005-31.                                           
               6 The standard of review we apply differs between section              
          6015(b) and (f) cases. In section 6015(f) cases, we review the              
          Commissioner’s denial of relief for abuse of discretion.  Butler            
          v. Commissioner, 114 T.C. 276, 292 (2000).                                  






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