- 38 - 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 ofPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011