Linda D. Farmer - Page 5




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          affd. 353 F.3d 1181 (10th Cir. 2003).  The taxpayer seeking                 
          relief has the burden of proof.  Alt v. Commissioner, 119 T.C.              
          306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004).  To               
          prevail, the taxpayer must show that the Commissioner’s                     
          determination was arbitrary, capricious, or without sound basis             
          in law or fact.  Butler v. Commissioner, supra at 291-292; Van              
          Arsdalen v. Commissioner, T.C. Memo. 2007-48.                               
          B.  Rev. Proc. 2000-15                                                      
               The Commissioner promulgated a list of factors in Rev. Proc.           
          2000-15, sec. 4, 2000-1 C.B. 447, 448-449, that the Commissioner            
          considers in determining whether to grant equitable relief under            
          section 6015(f).2  First, the Commissioner will not grant relief            
          unless seven threshold conditions have been met:  (1) The                   
          taxpayer must have filed joint returns for the taxable years for            
          which relief is sought; (2) the taxpayer does not qualify for               
          relief under section 6015(b) or (c); (3) the taxpayer must apply            
          for relief no later than 2 years after the date of the                      
          Commissioner’s first collection activity after July 22, 1998,               
          with respect to the taxpayer; (4) the liability must remain                 
          unpaid; (5) no assets were transferred between the spouses filing           

               2Respondent’s determination was subject to Rev. Proc. 2000-            
          15, 2000-1 C.B. 447.  Rev. Proc. 2000-15, supra, was superseded             
          by Rev. Proc. 2003-61, 2003-2 C.B. 296, for requests for relief             
          under sec. 6015(f) that either were filed on or after Nov. 1,               
          2003, or were pending on Nov. 1, 2003, and for which no                     
          preliminary determination letter had been issued as of Nov. 1,              
          2003.                                                                       






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