- 8 - Ms. Valentine’s election to make an early withdrawal of the funds in her 401(k) account. Regardless of whether petitioner knew of the tax consequences for the distribution, petitioner is not entitled to relief under section 6015(c). Relief Under Section 6015(f) Section 6015(f) grants the Commissioner discretion to relieve an individual, where relief is not available under section 6015(b) or (c), from joint liability if, taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or deficiency. Sec. 6015(f). A requesting spouse bears the burden of proving that the Commissioner abused his discretion in denying the equitable relief from joint liability under section 6015(f). Jonson v. Commissioner, 118 T.C. 106, 114 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Cheshire v. Commissioner, supra at 198; Butler v. Commissioner, 114 T.C. at 292. As discussed above, petitioner is not entitled to relief under section 6015(b) or (c). The parties dispute whether it is inequitable to hold petitioner liable for the 1999 deficiency. As contemplated by section 6015(f), the Commissioner has prescribed guidelines in Rev. Proc. 2003-61 to be used in determining whether an individual qualifies for relief under thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011