- 21 - respondent’s administrative record, and that the APA record rule does not apply to section 6015(f) determinations in this Court.11 B. Whether Petitioner Is Entitled to Equitable Relief Respondent contends that, even if we consider matter raised at trial which was not included in the administrative file, respondent’s determination that petitioner is not entitled to equitable relief was not an abuse of discretion. We disagree. The Commissioner announced a list of factors in Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. 447, 448,12 that the Commissioner 11 Our holding herein is consistent with APA provisions relating to judicial determinations made in connection with agency actions. Tit. 5 U.S.C. sec. 554 (2000) (“Adjudications”) does not apply to matters subject to trial of the law and the facts de novo, such as our redetermination of a deficiency. O’Dwyer v. Commissioner, 266 F.2d 575, 580 (4th Cir. 1959), affg. 28 T.C. 698 (1957). Tit. 5 U.S.C. sec. 706(2)(F) (2000) provides, inter alia, that a “reviewing court” shall “hold unlawful and set aside agency action, findings and conclusions found to be * * * unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.” A matter may be made subject to trial de novo by U.S. Code provisions applicable to a specific action. See, e.g., 7 U.S.C. sec. 2023(a)(15) (2000) (suits for judicial review of certain agency actions under the food stamp program are by “a trial de novo * * * in which the court shall determine the validity of the questioned administrative action in issue”). As held herein, our determinations under sec. 6015(e) are made based on trials de novo. The legislative history of sec. 6015 does not suggest that Congress contemplated changing the well-established inapplicability of the APA to Tax Court determinations. S. Rept. 105-174, at 55-60 (1998), 1998-3 C.B. 537, 591-596; H. Conf. Rept. 105-599, at 249-255 (1998), 1998-3 C.B. 747, 1003-1008. 12 Respondent’s determination was subject to Rev. Proc. 2000-15, 2000-1 C.B. 447, because it was in effect when respondent’s Appeals officer evaluated petitioner’s request and when respondent issued the notice of determination. Rev. Proc. (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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