- 7 - only the administrative record (the record rule) in making our determination in this case.3 See Camp v. Pitts, 411 U.S. 138, 142 (1973); United States v. Carlo Bianchi & Co., 373 U.S. 709, 715 (1963). We disagree. As discussed next, our holding herein is based on more than 75 years of well-established interpretative history and practice before this Court. 3 The Commissioner has recently taken the contrary position in three U.S. Courts of Appeals cases. Specifically, the Commissioner contended that the Tax Court did not err in collection cases arising under sec. 6330 in allowing the introduction of evidence that was not part of the administrative record. See the Commissioner’s briefs in Holliday v. Commissioner, 57 Fed. Appx. 774 (9th Cir. 2003), affg. T.C. Memo. 2002-67; Lindsey v. Commissioner, 56 Fed. Appx. 802 (9th Cir. 2003), affg. T.C. Memo. 2002-87; and Chase v. Commissioner, 55 Fed. Appx. 717 (5th Cir. 2002), affg. T.C. Memo. 2002-93. In the Commissioner’s brief in Holliday v. Commissioner, supra, the Commissioner argued that the: taxpayer labors under the faulty assumption that judicial review of CDP hearings is governed by the “record review” requirements of the Administrative Procedure Act, * * * Although judicial review of the merits of agency actions pursuant to the APA is generally limited to the administrative record upon which the challenged action was based, see, e.g., Florida Power & Light Co. v. Lorion, 470 U.S. 729, 743- 44 (1985); Camp v. Pitts, 411 U.S. 138, 142 (1973), taxpayer’s petition in Tax Court was founded upon I.R.C. �6330(d)(1), not the judicial review provisions of the APA. * * * Section 6330 does not impose any requirement that the Office of Appeals create a record or that judicial review by the Tax Court be limited to the facts or documents presented at the CDP hearing. These three Courts of Appeals opinions are unpublished and are not binding precedent. In each of those opinions, the Court of Appeals upheld the Commissioner’s position.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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