Gwendolyn A. Ewing - Page 51

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          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)                  






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