Cynthia K. Beatty - Page 25




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          trary, capricious, or without sound basis in fact is a question             
          of fact.  Cheshire v. Commissioner, 115 T.C. 183, 197-198 (2000),           
          affd. 282 F.3d 326 (5th Cir. 2002).                                         
               Petitioner bears the burden of proving that respondent                 
          abused respondent’s discretion in denying her relief under                  
          section 6015(f).  See Jonson v. Commissioner, 118 T.C. 106, 125             
          (2002), affd. 353 F.3d 1181 (10th Cir. 2003).  That this case was           
          submitted under Rule 122 does not change that burden or the                 
          effect of a failure of proof.  See Rule 122(b); Borchers v.                 
          Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir.            
          1991).                                                                      
               Section 6015(f) grants respondent discretion to relieve an             
          individual who files a joint return from joint and several                  
          liability with respect to that return.  That section provides:              
               SEC. 6015.  RELIEF FROM JOINT AND SEVERAL LIABILITY ON                 
                         JOINT RETURN.                                                
                  *       *       *       *       *       *       *                   
                    (f) Equitable Relief.--Under procedures prescribed                
               by the Secretary, if--                                                 
                         (1) taking into account all the facts                        
                    and circumstances, it is inequitable to hold                      
                    the individual liable for any unpaid tax or                       
                    any deficiency (or any portion of either);                        
                    and                                                               
                         (2) relief is not available to such individ-                 
                    ual under subsection (b) or (c),                                  
               the Secretary may relieve such individual of such                      
               liability.                                                             







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