- 14 - This argument is identical to that made in Butler v. Commissioner, supra. We concluded in Butler v. Commissioner, supra, that the Commissioner’s authority is not committed solely to agency discretion and is, therefore, susceptible to judicial review. We further concluded that we are well equipped to decide whether it was an abuse of discretion for respondent to deny relief to a taxpayer under section 6015(f). For the same reasons as more fully discussed in Butler v. Commissioner, supra, we conclude that we have authority to review respondent’s denial of petitioner’s claim for equitable relief. 3. Allegations of Fact In her petition to this Court, petitioner asserted error by respondent for failing to consider certain facts in his denial of innocent spouse relief. Petitioner recited the alleged facts in her petition, see supra p. 4, as bases for such error. Respondent moved to strike the paragraphs from the petition as not relevant to the determination of whether petitioner is entitled to innocent spouse relief. Petitioner is required to set forth clear and concise statements of the facts on which petitioner bases the assignments of error. See Rule 34(b)(5); Jarvis v. Commissioner, 78 T.C. 646, 658 (1982); Gordon v. Commissioner, 73 T.C. 736, 739 (1980); Risner v. Commissioner, T.C. Memo. 1996-82. Such facts are relevant to the issue ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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