Gwendolyn A. Ewing - Page 38

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          instance, in Dittler Bros., Inc. v. Commissioner, this Court                
          looked to APA caselaw in adopting a “substantial evidence” rule             
          as the appropriate measure for reviewing the reasonableness of              
          the Commissioner’s determination as to tax avoidance in a                   
          declaratory judgment action arising under former section 7477.              
          Dittler Bros., Inc. v. Commissioner, 72 T.C. 896, 909 (1979),               
          affd. without published opinion 642 F.2d 1211 (5th Cir. 1981).              
          The Court based its decision partly on the legislative history of           
          former section 7477, which made it “clear that Congress did not             
          intend the Court’s judgment to be a mere de novo redetermination”           
          but rather a review of the Commissioner’s determination.  Id.;              
          see also Mailman v. Commissioner, 91 T.C. 1079, 1082 (1988)                 
          (holding that the Commissioner’s exercise of administrative                 
          discretion in failing to waive additions to tax under former                
          section 6661 is subject to judicial review); Estate of Gardner v.           
          Commissioner, 82 T.C. 989, 994 (1984) (looking to principles of             
          administrative law, “now incorporated into the Administrative               
          Procedure Act”, as supporting a presumption that the                        
          Commissioner’s discretionary actions in denying a request for a             
          filing extension under section 2032A were subject to judicial               
          review).                                                                    
               As the majority opinion notes, this Court’s rules regarding            
          declaratory judgments involving retirement plans and exempt                 
          organizations generally require these actions to be disposed of             






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