Gwendolyn A. Ewing - Page 44

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          petitioner contends.3  Following respondent’s lead, the majority            
          opinion and concurring opinion largely frame that issue in terms            
          of whether the judicial review provisions of the Administrative             
          Procedure Act (APA), 5 U.S.C. secs. 701-706 (2000), apply to                
          proceedings in this Court.  That characterization is somewhat               
          overbroad, as should be evident from the following introductory             
          discussions of the record rule and the APA.  Whether couched in             
          terms of the record rule or the APA, the dispositive inquiry in             
          this case is whether Congress intended our review of respondent’s           
          section 6015(f) determinations to be effected by means of de novo           
          proceedings.                                                                
                    2.  Section 6015(f)                                               
               Section 6015(f) provides that, if a joint filer does not               
          qualify for relief from joint and several liability under section           
          6015(b) or (c), the Secretary may, under procedures prescribed by           
          him, grant such relief on equitable grounds.  We have                       
          jurisdiction to review the Commissioner’s decisions under section           
          6015(e).  Fernandez v. Commissioner, 114 T.C. 324, 330-331                  
          (2000).  We have previously held that we review such decisions              
          for abuse of discretion.  E.g., Jonson v. Commissioner, 118 T.C.            
          106, 125 (2002).  We adopted that standard on the basis of                  


               3  Judge Colvin, the trier of fact in this case, conducted a           
          trial de novo with the understanding that the subsequent                    
          resolution of the record rule’s application would determine                 
          whether he could properly consider the evidence adduced at trial            
          in resolving the sec. 6015(f) issue.                                        




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