Lisa Winzen, f.k.a. Lisa Dickens Poe - Page 7




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          6015(f)(1) provides that a taxpayer may be relieved from joint              
          and several liability if it is determined, after considering all            
          facts and circumstances, that it is inequitable to hold the                 
          taxpayer liable for the unpaid tax or deficiency.  This Court               
          reviews the Commissioner’s denial of relief pursuant to section             
          6015(f) under an abuse of discretion standard.  Butler v.                   
          Commissioner, 114 T.C. 276, 287-292 (2000).  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.  Cheshire v.                     
          Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th             
          Cir. 2002).  The requesting spouse bears the burden of proving              
          that there was an abuse of discretion.  Abelein v. Commissioner,            
          T.C. Memo. 2004-274.                                                        
               The Commissioner has prescribed guidelines that are                    
          considered in determining whether it is inequitable to hold a               
          requesting spouse liable for all or part of the liability for any           
          unpaid tax or deficiency.  Section 6015(f) provides, in part,               
          that a taxpayer may be relieved from joint and several liability            
          if it is determined that, taking into account all the facts and             


               2(...continued)                                                        
          time that the return was filed.                                             






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