Gwendolyn A. Ewing - Page 66

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         understand how the majority can conclude that respondent abused              
         his discretion in finding that it was not reasonable for                     
         petitioner to believe that Mr. Wiwi would pay the unpaid tax at              
         the time she signed the return.                                              
              D.  Conclusion                                                          
              The majority has failed to convince us that respondent’s                
         ultimate finding of fact--that petitioner was not entitled to                
         equitable relief--was “arbitrary, capricious, clearly unlawful,              
         or without sound basis in fact or law”; in other words, an abuse             
         of discretion.  See majority op. pp. 13-14.                                  
         III.  Conclusion                                                             
              We close by returning to our first point:  The scope of our             
         review of the Commissioner’s denial of section 6015(f) relief                
         should be limited to the administrative record, since the Tax                
         Court is not exempt from the ordinary principles of                          
         administrative law that bind other courts reviewing agency                   
         action.  Had the majority so limited the scope of its review, and            
         had it then examined respondent’s denial of relief to petitioner             
         pursuant to a correct application of the abuse of discretion                 
         standard, to determine whether it was “arbitrary, clearly                    
         unlawful, or without sound basis in fact or law”, we believe that            
         respondent would have prevailed.                                             









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