Joseph D. and Wanda S. Lunsford - Page 14




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          jurisdiction to hear that appeal.  If it cannot be, then we lack            
          jurisdiction to enjoin any collection action following our                  
          dismissal for lack of jurisdiction.                                         
               Certainly, section 6330 entitles a taxpayer to a hearing.              
          See sec. 6330(a)(3)(B).  It is a matter of statutory                        
          interpretation, however, whether there can be no determination              
          under section 6330(c)(3) (and, thus, no basis for court review)             
          if there is no hearing.  The review of an administrative action             
          of an agency is not a normal task for us.  In a proceeding before           
          the Tax Court to redetermine a deficiency, we find facts de novo.           
          See sec. 6214(a); O’Dwyer v. Commissioner, 266 F.2d 575 (4th Cir.           
          1959), affg. 28 T.C. 698 (1957); Greenberg’s Express, Inc. v.               
          Commissioner, 62 T.C. 324, 327-328 (1974).2  But see, e.g.,                 
          section 7429(b)(2)(B), providing for our review of jeopardy levy            
          or assessment proceedings, and section 6404(i), providing for our           
          review of whether respondent’s failure to abate interest was an             
          abuse of discretion.  There is an extensive jurisprudence dealing           
          with court review of agency administrative actions.  The                    
          Administrative Procedure Act (APA), 5 U.S.C. secs. 551–559, 701-            



               2  In O’Dwyer v. Commissioner, 266 F.2d 575, 580 (4th Cir.             
          1959), affg. 28 T.C. 698 (1957), the Court of Appeals for the               
          Fourth Circuit stated:  “We agree that the Tax Court is not                 
          subject to the Administrative Procedure Act.”  That statement was           
          made in the context of the court’s stating that, in redetermining           
          a deficiency, the Tax Court is not a reviewing court, reviewing             
          the record of an administrative agency, but, rather, is a court             
          reviewing facts de novo.                                                    





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