- 42 - HALPERN and HOLMES, JJ., dissenting: This case presents the issue of whether one of the guiding principles of administrative law–-the record rule–-governs our review of a decision by the Commissioner to deny relief under section 6015(f). The majority concludes that it does not. That conclusion is potentially of great significance because it will likely affect the manner in which we decide other types of cases arising under our expanding nondeficiency jurisdiction.1 Because the majority’s conclusion is contrary to settled principles of administrative law regarding the proper scope of judicial review, and because it misapplies the abuse of discretion standard of review, we respectfully dissent. Before proceeding, it is important to distinguish between two concepts--“scope of review” and “standard of review”--that delimit judicial review of agency action. As succinctly stated by the U.S. Court of Appeals for the Tenth Circuit: The scope of judicial review refers merely to the evidence the reviewing court will examine in reviewing an agency decision. The standard of judicial review refers to how the reviewing court will examine that evidence. Franklin Sav. Association v. Office of Thrift Supervision, 934 F.2d 1127, 1136 (10th Cir. 1991) (emphasis added). The majority concludes that the appropriate scope of review in section 6015(f) 1 See, e.g., secs. 6404(h) (review of interest abatement denials) and 6330(d) (review of collection due process determinations). This “review” jurisdiction has become an increasingly large part of our caseload over the last decade.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
Last modified: May 25, 2011