Gwendolyn A. Ewing - Page 53

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         “declaration” rather than a “determination”, majority op. p. 12              
         note 7, the House report explaining section 7476 describes the               
         provision in part as follows:                                                
              The Court is to base its determination upon the reasons                 
              provided by the Internal Revenue Service in its notice                  
              to the party making the request for a determination, or                 
              based upon any new matter which the Service may wish to                 
              introduce at the time of the trial.[10]  The Tax Court                  
              judgment, however, is to be based upon a                                
              redetermination of the Internal Revenue Service’s                       
              determination and not on a general examination of the                   
              provisions of the plan or related trust.  * * *                         
                              *   *   *   *   *   *   *                               
              * * * In order to provide the Court with flexibility in                 
              carrying out this provision, the bill authorizes the                    
              Chief Judge of the Tax Court to assign the                              
              Commissioners of the Tax Court to hear and make                         
              determinations with respect to petitions for a                          
              declaratory judgment, subject to such conditions and                    
              review as the Court may provide.                                        
         H. Rept. 93-779 at 107, 108 (1974), 1974-3 C.B. 244, 350, 351                
         (emphasis added); see also S. Rept. 93-383 at 114, 115 (1974),               
         1974-3 C.B. (Supp.) 80, 193, 194 (similar).  Similar language                
         appears in committee reports describing section 7428 (declaratory            
         judgments relating to section 501(c)(3) status) and former                   
         section 7477 (declaratory judgments relating to section 367                  
         transfers).  See H. Rept. 94-658 at 244, 245, 285, 288 (1975),               
         1976-3 C.B. (Vol. 2) 695, 936, 937, 977, 980; S. Rept. 94-938 at             


               10  “In raising new matters in a declaratory judgment                  
          proceeding under section 7476, the matters are to be based on               
          information contained in the administrative record, not on facts            
          gathered after the administrative record has closed.”                       
          Halliburton Co. v. Commissioner, T.C. Memo. 1992-533.                       




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