Gwendolyn A. Ewing - Page 34

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               The Tax Code has long provided a specific statutory                    
          framework for reviewing deficiency determinations of the Internal           
          Revenue Service.  Section 6015 is part and parcel of this                   
          statutory framework.  This Court’s de novo review procedures                
          emanate from this statutory framework.  Accordingly, the APA                
          judicial review procedures do not supplant this Court’s                     
          longstanding de novo review procedures in cases arising under               
          section 6015.                                                               
               Moreover, the fact that section 6015 postdates the APA does            
          not render the APA judicial review procedures applicable here.              
          APA section 559 provides that the APA does “not limit or repeal             
          additional requirements imposed by statute or otherwise                     
          recognized by law.”  5 U.S.C. sec. 559 (2000).  When the APA was            
          enacted in 1946, this Court’s de novo procedures for reviewing              
          IRS functions were well established and “recognized by law”                 

               2(...continued)                                                        
          shall be maintained in any court by any person”.  This provision            
          is “part of a specific statutory framework intended by Congress             
          as limitations not negated by the APA.”  Fostvedt v. United                 
          States, 978 F.2d 1201, 1204 (10th Cir. 1992); see McCarty v.                
          United States, 929 F.2d 1085, 1088 (5th Cir. 1991) (precluding              
          relief under the APA because sec. 7421 is a specific statute that           
          bars the requested relief); Lonsdale v. United States, 919 F.2d             
          1440, 1444 (10th Cir. 1990) (“Congress has provided express                 
          methods by which proposed deficiencies, assessments, or                     
          collections of taxes may be challenged, and express prohibition             
          in the Anti-Injunction Act, 26 U.S.C. � 7421(a) against suits               
          brought for the purpose of restraining the assessment or                    
          collection of any tax except in the prescribed manner.”); cf. 5             
          U.S.C. sec. 702 (2000) (“Nothing herein * * * confers authority             
          to grant relief if any other statute that grants consent to suit            
          expressly or impliedly forbids the relief which is sought.”).               





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