- 8 - Sec. 6015(f). The Commissioner has issued revenue procedures to guide the exercise of his discretion, and Revenue Procedure 2000- 15 was the one in effect when Motsko asked for relief. Rev. Proc. 2000-15, 2000-1 C.B. 447. We routinely refer to that revenue procedure when we review what the Commissioner did, see, e.g., Washington v. Commissioner, 120 T.C. 137, 147-152 (2003); Jonson v. Commissioner, 118 T.C. 106, 125-126 (2002), affd. 353 F.3d 1181 (10th Cir. 2003), though we have also considered other factors, Ewing v. Commissioner, 122 T.C. 32, 48-49 (2004), appeal docketed, No. 04-73237 (9th Cir.). We begin by noting that Motsko has the burden of proof. Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). This means that he must show that the Commissioner’s denial of relief was arbitrary, capricious, or without sound basis in fact. Jonson, 118 T.C. at 125; Butler, 114 T.C. at 292. We have, however, ruled that the Commissioner’s determination to deny relief under section 6015(f) is subject to de novo review. Ewing v. Commissioner, 122 T.C. at 38-39. The Commissioner’s continuing disagreement with Ewing made him argue in this case that we should limit Motsko to the evidence that was before the Appeals officer who denied his relief. Ewing binds us, though, so we considered evidence that Motsko presented for the first time at trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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