Michael B. Butler and Jean Butler - Page 23




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          The Conference report states that it follows the "House bill and            
          the Senate amendment in establishing jurisdiction in the Tax                
          Court over disputes arising in this area."  H. Conf. Rept. 105-             
          599, at 251 (1998).  In short, there is no language in either the           
          statute or the legislative history that precludes our review of             
          the Commissioner's denial of equitable relief pursuant to section           
          6015(f) where the taxpayer has made the requisite election for              
          relief pursuant to section 6015(b) or (c).  But see In re Mira,             
          245 Bankr. 788 (Bankr. M.D. Pa. 1999).                                      
               We also disagree with respondent's argument that the                   
          Commissioner's authority to grant equitable relief pursuant to              
          section 6015(f) is "committed to agency discretion by law."  The            
          "committed to agency discretion" exception to the general rule of           
          judicial review is a very narrow one.  (Estate of Gardner v.                
          Commissioner, supra at 995, citing Citizens to Preserve Overton             
          Park, Inc. v. Volpe, 401 U.S. 402, 410 (1971)).  The exception              
          applies only in those rare instances in which a statute is drawn            
          in terms so broad that there is no law to apply.  See id.                   
          Whether there is law to apply turns on pragmatic considerations             
          as to whether an agency determination is the proper subject of              
          judicial review.  See id.  In Mailman v. Commissioner, supra at             
          1082-1083, we stated:                                                       










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