- 34 - 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.”).Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011