Gwendolyn A. Ewing - Page 37

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          where the agency adjudication is not subject to APA formal                  
          adjudication provisions “such as tax assessments * * * not made             
          upon an administrative hearing and record, [where] contests may             
          involve a trial of the facts in the Tax Court”);  H. Rept. 1980,            
          79th Cong., 2d Sess. (1946), reprinted in Administrative                    
          Procedure Act Legislative History, 1944-46, at 279 (1946) (same).           
               The mere fact that judicial review is for abuse of                     
          discretion in a spousal relief case arising under section 6015(f)           
          does not trigger application of the APA record rule or preclude             
          this Court from conducting a de novo trial.  As the majority                
          opinion correctly notes, this Court has a long tradition of                 
          providing trials when reviewing the Commissioner’s determinations           
          under an abuse of discretion standard.  For example, when                   
          reviewing for abuse of discretion the Commissioner’s refusal to             
          abate interest under section 6404, this Court has consistently              
          conducted trials.  See, e.g., Goettee v. Commissioner, T.C. Memo.           
          2003-43; Jean v. Commissioner, T.C. Memo. 2002-256; Jacobs v.               
          Commissioner, T.C. Memo. 2000-123.                                          
               In sum, the APA does not disturb or supersede this Court’s             
          longstanding de novo judicial review procedures for cases                   
          involving spousal relief under section 6015.  This is not to say,           
          however, that this Court could not or should not, in appropriate            
          circumstances, borrow principles of judicial review embodied in             
          the APA.  Indeed, on occasion this Court has done so.  For                  






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