Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 8

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          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.                                                    







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