- 66 - 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.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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