Mary Ellen Lepordo - Page 11




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          liable for any unpaid tax or deficiency and he does not qualify             
          for relief under section 6015(b) or (c).                                    
               The Court reviews the IRS’s denial of innocent spouse relief           
          under section 6015(f) for abuse of discretion.  See Butler v.               
          Commissioner, 114 T.C. 276, 292 (2000).  Under the abuse of                 
          discretion standard, the Court must determine whether the IRS               
          exercised its discretion arbitrarily, capriciously, or without              
          sound basis in fact when it denied the requested relief.  Id.               
          The Court’s review is limited, and the Court cannot substitute              
          its judgment for that of the IRS and determine whether in the               
          Court’s opinion it would have granted relief.  See Patton v.                
          Commissioner, 116 T.C. 206 (2001); Collectors Training Inst.,               
          Inc. v. United States, 96 AFTR 2d 2005-6522, 2005-6526, 2005-2              
          USTC par. 50,626, at 89,727 (N.D. Ill. 2005) (stating that an               
          abuse of discretion “‘means something more than’ the court’s                
          belief that it would ‘have acted differently if placed in the               
          circumstances confronting the’” Appeals officer) (quoting Johnson           
          v. J.B. Hunt Transp., Inc., 280 F.3d 1125, 1131 (7th Cir. 2002)).           
               To guide IRS employees in exercising their discretion, the             
          Commissioner has issued revenue procedures that list the factors            
          they should consider; the Court also uses the factors when                  
          reviewing the IRS’s denial of relief.  See Washington v.                    
          Commissioner, 120 T.C. 137, 147-152 (2003); Rev. Proc. 2003-61,             








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