Michael B. Butler and Jean Butler - Page 20




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          petitioner's affirmative defense that she is entitled to innocent           
          spouse treatment is governed by our general jurisdiction to                 
          consider any issue which affects the deficiency before us.  See             
          sec. 6213.  Petitioner's innocent spouse claim is one such issue.           
               Respondent argues that section 6015(e) precludes judicial              
          review of claims made pursuant to subsection (f) and limits                 
          judicial review only to claims made pursuant to subsections (b)             
          and (c).  Respondent contends, inter alia, that the references in           
          section 6015(e)(3) and (4) to subsections (b) and (c), coupled              
          with silence with regard to subsection (f), evidence an intent by           
          Congress to segregate proceedings involving subsection (f) from             
          proceedings involving subsections (b) and (c).  Respondent                  
          contends that the foregoing statutory scheme, as well as the                
          express language of the statute, evidence a congressional intent            
          to preclude judicial review of determinations made by the                   
          Commissioner pursuant to section 6015(f).  Alternatively,                   
          respondent argues that the Commissioner's determinations pursuant           
          to subsection (f) are "committed to agency discretion" by law.              
               This Court has stated that there exists a strong presumption           
          that the actions of an administrative agency are subject to                 
          judicial review.  See, e.g., Mailman v. Commissioner, 91 T.C.               
          1079, 1082 (1988); Estate of Gardner v. Commissioner, 82 T.C.               
          989, 994 (1984).  Agency action is exempt from judicial review              
          only:  (1) Where the governing statutes expressly preclude such             






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