Gwendolyn A. Ewing - Page 32

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          Administrative Procedure Act (Comm. Print 1945), reprinted in               
          Administrative Procedure Act Legislative History, 1944-46, at 37            
          (1946);1 see H. Rept. 1980, 79th Cong. 2d Sess. (1946), reprinted           
          in Administrative Procedure Act Legislative History, 1944-46, at            
          276 (1946) (same).  As the U.S. Supreme Court stated in Bowen v.            
          Mass., 487 U.S. 879, 903 (1988), “When Congress enacted the APA             
          to provide a general authorization for review of agency action in           
          the district courts, it did not intend that general grant of                
          jurisdiction to duplicate the previously established special                
          statutory procedures relating to specific agencies.”                        
               Applying these principles, the U.S. Court of Appeals for the           
          Fifth Circuit has indicated that the APA is not an appropriate              
          vehicle for challenging the Commissioner’s denial of a request to           
          abate interest under section 6404.  See Beall v. United States,             
          336 F.3d 419, 427 n.9 (5th Cir. 2003) (“review under the APA is             
          accordingly available only where ‘there is no other adequate                
          remedy in a court.’”).  Similarly, in an unpublished opinion                
          involving the validity of the Commissioner’s issuance of a notice           


               1 The Senate Judiciary Committee Print is part of the                  
          legislative history of the Administrative Procedure Act (APA).              
          See Dept. of Labor v. Greenwich Collieries, 512 U.S. 267, 278               
          (1994); Darby v. Cisneros, 509 U.S. 137, 147-148 (1993); Grolier,           
          Inc. v. FTC, 615 F.2d 1215, 1220 (9th Cir. 1980); Marathon Oil              
          Co. v. EPA, 564 F.2d 1253, 1260 n.25 (9th Cir. 1977); see also              
          Carter/Mondale Presidential Comm., Inc. v. Fed. Election Commn.,            
          711 F.2d 279, 284 n.9 (D.C. Cir. 1983); WWHT, Inc. v. FCC, 656              
          F.2d 807, 813 n.8 (D.C. Cir. 1981).                                         






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