- 8 - hold the taxpayer liable for the unpaid tax and relief is not available under section 6015(b) or (c). A taxpayer generally may petition this Court for review of the Commissioner’s determination denying relief under section 6015(f). Sec. 6015(e)(1)(A). To prevail, the taxpayer must prove that the Commissioner’s denial of relief under section 6015(f) was an abuse of discretion. Fernandez v. Commissioner, 114 T.C. 324, 332 (2000); Butler v. Commissioner, 114 T.C. 276, 287-292 (2000). Petitioner bears the burden of proving that respondent’s denial of equitable relief under section 6015(f) was an abuse of discretion. See Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Petitioner must demonstrate that respondent exercised his discretion arbitrarily, capriciously, or without sound basis in fact. See Jonson v. Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003). Respondent argues that in determining whether petitioner is entitled to relief under section 6015(f), the Court should consider only respondent’s administrative record with respect to petitioner’s taxable years at issue.5 We generally consider only 5 After trial, the parties submitted a supplemental stipulation of facts, with attached exhibits, including copies of police reports. Respondent reserved objections to the additional exhibits, on the grounds that the information was not presented to respondent’s Appeals officer and was not part of the administrative record. We conclude that petitioner raised the (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007