Jeffrey Chou and Cindy Chou - Page 19




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          section 6015(f) is subject to de novo review by the Court, but              
          relies on our opinion as having been vacated on jurisdictional              
          grounds.  See Ewing v. Commissioner, 122 T.C. 32, 38-39 (2004),             
          revd. in part and vacated in part on jurisdictional issue                   
          Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006).  Though we            
          may have occasion in the future to reconsider the Court’s                   
          approach to these cases, as explained in Ewing v. Commissioner,             
          122 T.C. 32 (2004), and applied in numerous other cases, we do              
          not do so here.  Respondent found it necessary to call Dorr to              
          explain his reasons for rejecting Mrs. Chou’s claim, because his            
          reasons were not anywhere in the administrative record.                     
          Respondent stipulated that at least four other documents that               
          should have been included in the administrative record were not.            
          The administrative record had to be “recreated” by Dorr because             
          the parts relating to Mrs. Chou’s claim were lost in transmittal            
          between IRS offices.  The testimony at trial will be considered             
          in determining whether Mrs. Chou is entitled to relief.                     
               As directed by section 6015(f), the Commissioner has                   
          prescribed guidelines under which a taxpayer may qualify for                
          equitable relief from liability on a joint return.  See Rev.                
          Proc. 2003-61, 2003-2 C.B. 296.  Rev. Proc. 2003-61, sec. 4.02,             
          2003-2 C.B. at 298, provides in relevant part that relief                   
          ordinarily will be granted if three criteria are met.  The first            
          criterion, that the requesting spouse is no longer married to or            







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