Tracy L. Geaccone - Page 10




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        obtain relief from liability under the flush language of section              
        66(c), which provides:                                                        
             Under procedures prescribed by the Secretary, if, 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) attributable to any                     
        item for which relief is not available under the preceding                    
        sentence, the Secretary may relieve such individual of such                   
        liability.                                                                    

             To prevail under the flush language of section 66(c),                    
        petitioner must prove that respondent’s denial of equitable relief            
        from joint liability under section 66(c) was an abuse of                      
        discretion.  Butler v. Commissioner, 114 T.C. 276, 287-292 (2000);            
        see Beck v. Commissioner, T.C. Memo. 2001-198.  The Court defers              
        to the Commissioner’s determination unless it is arbitrary,                   
        capricious, or without sound basis in fact.  Jonson v.                        
        Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th             
        Cir. 2003).  Whether the Commissioner’s determination was an abuse            
        of discretion is a question of fact.  The requesting spouse bears             
        the burden of proving that there was an abuse of discretion.                  
        Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d            
        326 (5th Cir. 2002); Abelein v. Commissioner, T.C. Memo. 2004-274.            
        We find that petitioner has not carried her burden with respect to            
        the deficiency for 2001 as determined by respondent ($5,921), but             
        as discussed infra, she has carried her burden with respect to her            









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