Ana Maria Rodriguez - Page 7

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          (c), an individual may seek equitable relief under section                  
          6015(f) to the extent that relief is not available under section            
          6015(b) or (c).  Fernandez v. Commissioner, 114 T.C. 324, 329-331           
          (2000); Butler v. Commissioner, 114 T.C. 276, 287-292 (2000).               
          Except as otherwise provided in section 6015, petitioner bears              
          the burden of proof.  Rule 142(a); Alt v. Commissioner, 119 T.C.            
          306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004).                   
               A prerequisite to granting relief under section 6015(b) or             
          (c) is the existence of a tax deficiency.  Sec. 6015(b)(1)(B) and           
          (c)(1); Block v. Commissioner, 120 T.C. 62, 65-66 (2003).  Here,            
          after an examination of the joint return, respondent determined a           
          deficiency of $5,831.                                                       
               Petitioner sought and was granted partial relief by                    
          respondent under section 6015(c).  As previously indicated,                 
          petitioner was granted relief from liability for tax on:  (1)               
          $1,501 (the difference between the gambling income reported of              
          $4,002 and the gambling income received of $5,503), and (2)                 
          $7,863 (the difference between the IRA distribution reflected of            
          $15,500 and the IRA distribution received of $23,363).                      
          Petitioner claims that she is entitled to equitable relief under            
          section 6015(f).                                                            
               Section 6015(f) provides:                                              
                    SEC. 6015(f) Equitable Relief.--Under procedures                  
               prescribed by the Secretary, if--                                      
                    (1) taking into account all the facts and                         





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