- 13 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011