Gwendolyn A. Ewing - Page 12

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          H. Rept. 105-148, at 639 (1997), 1997-4 C.B. (Vol. 1) 319, 961;             
          S. Rept. 105-33, at 304 (1997), 1997-4 C.B. (Vol. 2) 1067, 1384;            
          H. Conf. Rept. 105-220, at 734 (1997), 1997-4 C.B. (Vol. 2) 1457,           
          2204.  As another example, section 6404 authorizes this Court to            
          “determine” whether the Secretary’s refusal to abate interest was           
          an abuse of discretion.  Our practice has been to make our                  
          determination after providing an opportunity for a trial de novo.           
          See, e.g., Goettee v. Commissioner, T.C. Memo. 2003-43; Jean v.             
          Commissioner, T.C. Memo. 2002-256; Jacobs v. Commissioner, T.C.             
          Memo. 2000-123.                                                             
               Our long tradition of providing trials de novo in making our           
          determinations, and Congress’s use of the word “determine” in our           
          jurisdictional grant in section 6015(e)(1)(A), suggest that                 
          Congress intended that we provide an opportunity for a trial de             
          novo in making our determinations under section 6015(f).7                   

               7  This Court has jurisdiction to issue declaratory                    
          judgments relating to the status, qualification, valuation, or              
          classification of certain sec. 501(c)(3) organizations,                     
          retirement plans, gifts, governmental obligations, and                      
          installment payments under sec. 6166.  Secs. 7428, 7476, 7477,              
          7478, 7479.  None of those sections authorizes us to make a                 
          determination; instead, those provisions authorize this Court,              
          after the Commissioner has made a determination, to make a                  
          declaration with respect to the matter.                                     
               Our Rules relating to declaratory judgment cases provide for           
          consideration of evidence not in the administrative record under            
          various circumstances.  Our disposition of actions under sec.               
          7476 for declaratory judgment involving the initial qualification           
          of a retirement plan, and actions under sec. 7428 for the initial           
          qualification or classification of an exempt organization,                  
          private foundation, or private operating foundation is                      
                                                             (continued...)           





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