- 19 - 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 orPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007