Henry Randolph Consulting - Page 17





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          provisions do not; and (3) declaratory judgment proceedings are              
          generally based on the administrative record, Rule 217(a), while             
          a proceeding under section 7436 is de novo.  H. Rept. 105-148,               
          supra at 640; S. Rept. 105-33, supra at 304.                                 
               Petitioner also points out that we may not know the identity            
          of all taxpayers affected by our decision in a declaratory                   
          judgment case.  For example, when we decide that an organization             
          does not qualify under section 501(c)(3), many taxpayers who have            
          made contributions to the organization and are affected by the               
          decision are unknown to the Court.  Petitioner contends that this            
          shows that cases arising under section 7436 are unlike                       
          declaratory judgment cases because we know the identity of the               
          taxpayer in a case brought under section 7436.                               
               In response, respondent points out that section 7436 and the            
          declaratory judgment provisions are similar in that, for example,            
          (1) our jurisdiction in a case brought under section 7436 and in             
          a declaratory judgment case is triggered by respondent's issuance            
          of a notice of determination, see secs. 7428(a)(1), 7476(a)(1),              
          7477(a), 7478(a)(1), 7479(a); (2) section 7436 and the                       
          declaratory judgment provisions have as subsection (a) "Creation             
          of remedy" and as subsection (b) "Limitations"; (3) section 7436             
          and the declaratory judgment provisions specifically require an              
          actual controversy involving a determination by the Secretary;               
          (4) section 7436 and the declaratory relief provisions include               
          "Petitioner" as subsection (b)(1) and have a subsection which                



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