Gwendolyn A. Ewing - Page 36

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          essentially unchanged since the APA’s enactment, provide a                  
          stricter scope of review of the Commissioner’s determinations               
          than would obtain under APA review procedures.  Consequently,               
          pursuant to APA section 559, the APA does not limit or repeal               
          “additional requirements” arising from this Court’s de novo                 
          review procedures.                                                          
               The legislative history of the APA confirms this                       
          understanding.  See S. Comm. on the Judiciary, 79th Cong., 1st              
          Sess., Administrative Procedure Act (Comm. Print 1945), reprinted           
          in Administrative Procedure Act Legislative History, 1944-46, at            
          22 (1946) (stating that there are exempted from APA formal                  
          adjudication requirements matters that are subject to de novo               
          review of facts and law such “as the tax functions of the Bureau            
          of Internal Revenue (which are triable de novo in The Tax                   
          Court)”); S. Rept. 752, 79th Cong., 1st Sess. (1945), reprinted             
          in Administrative Procedure Act Legislative History, 1944-46, at            
          214 (1946) (explaining that pursuant to APA provisions governing            
          the scope of judicial review, courts establish facts de novo                

               4(...continued)                                                        
               any questions relating to his tax liability which may                  
               be necessary to a correct determination of the                         
               deficiency.  To say that the taxpayer who brings his                   
               case before the Board is limited to questions presented                
               before the Commissioner, and that the Board in its                     
               determination of the case is restricted to a decision                  
               of issues raised in the Internal Revenue Bureau would                  
               be to deny the taxpayer a full and complete hearing and                
               an open and neutral consideration of his case.  [Barry                 
               v. Commissioner, 1 B.T.A. 156, 157 (1924).]                            





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