- 51 - new jurisdiction to review section 6015(f) adjudications: “[A] [s]ubsequent statute may not be held to supersede or modify * * * chapter 7 * * * except to the extent that it does so expressly.” Section 6015(e), of course, makes no mention of the APA (or the appropriate standard or scope of review, for that matter). We would therefore hold that the APA judicial review provisions apply to section 6015(f) cases as well as deficiency cases. C. APA Section 706(2)(A) vs. APA Section 706(2)(F) 1. The Majority Opinion Assuming the applicability of the APA judicial review provisions in this case, the relevant inquiry becomes whether Congress intended (as it clearly did in the context of deficiency proceedings) our review of section 6015(f) adjudications to fall into the “trial de novo” category of APA section 706(2)(F). The majority, while framing the issue in terms of the propriety of de novo proceedings rather than the applicability of APA section 706(2)(F), concludes that “Congress intended that we provide an opportunity for a trial de novo in making our determinations under section 6015(f).” Majority op. p. 12. The majority bases that conclusion on the similarity between the words “determine” and “redetermination” appearing in sections 6015(e) and 6213(a), respectively. Specifically, the majority reasons that: (1) Section 6213(a), which establishes our jurisdiction over deficiency cases, uses the term “redetermination”, and (2)Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011