Michael B. Butler and Jean Butler - Page 24




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                    To determine whether an action has been committed                 
               solely to agency discretion, we have followed the standards            
               followed in other Federal courts.  Only in cases in which it           
               can be found that the existence of broad discretionary power           
               is not appropriate for judicial review, or that the agency             
               determination involves political, economic, military, or               
               other managerial choices not susceptible to judicial review,           
               or that the agency determination requires experience or                
               expertise for which legal education or the lawyer's skills             
               provide no particular competence for resolution and for                
               which there are no ascertainable standards against which the           
               expertise can be measured, have the courts refrained from              
               reviewing administrative discretion.                                   
          None of the foregoing circumstances, where action is committed              
          solely to agency discretion, are present in the instant case.               
          Our review does not involve political, economic, military, or               
          other managerial choices not susceptible to judicial review.                
               Respondent argues that there is no ascertainable standard              
          upon which to review respondent's discretionary denial of relief            
          pursuant to section 6015(f).  We disagree.  The language of                 
          section 6015(f)(1), "taking into account all the facts and                  
          circumstances, it is inequitable to hold the individual liable              
          for any unpaid tax or any deficiency (or any portion of either)"            
          does not differ significantly from the language of section                  
          6015(b)(1)(D), "taking into account all the facts and                       
          circumstances, it is inequitable to hold the other individual               
          liable for the deficiency in tax for such taxable year                      
          attributable to such understatement".  Indeed, the language of              
          section 6015(f)(1) does not differ significantly from the                   
          language of former section 6013(e)(1)(D), "taking into account              







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