Bea-Jaye Ware - Page 8




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          see also Farmer v. Commissioner, T.C. Memo. 2007-74; Van Arsdalen           
          v. Commissioner, T.C. Memo. 2007-48.                                        
               We review the Commissioner’s denial of relief for abuse of             
          discretion.  Jonson v. Commissioner, 118 T.C. 106, 125 (2002),              
          affd. 353 F.3d 1181 (10th Cir. 2003); Farmer v. Commissioner,               
          supra; Van Arsdalen v. Commissioner, supra.  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 fact or law.  Butler v. Commissioner, supra at 291-292; Farmer           
          v. Commissioner, supra; Van Arsdalen v. Commissioner, supra.                
               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).5  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               


               5  Respondent’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          superseded by Rev.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 were filed on or after Nov. 1,           
          2003, or if pending on Nov. 1, 2003, for which no preliminary               
          determination letter had been issued as of Nov. 1, 2003.  While             
          petitioner’s request was pending on Nov. 1, 2003, a preliminary             
          determination letter was issued before Nov. 1, 2003.                        






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