Gwendolyn A. Ewing - Page 54

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         266, 267, 588, 591 (1976), 1976-3 C.B. (Vol. 3) 49, 304, 305,                
         626, 629.  The foregoing would seem to deflate the notion that               
         Congress equates the word “determine” (and variations thereof)               
         with de novo proceedings in the context of Tax Court review.                 
                   b.  Use of the Word “Determination” Elsewhere                      
              Congress’s use of the word “determination” in a similar,                
         non-tax context is also instructive.  Section 636(b)(1) of the               
         Federal Magistrates Act, 28 U.S.C. secs. 631-639 (2000), provides            
         that, in the case of certain “dispositive” motions assigned to a             
         magistrate, a district judge “shall make a de novo determination             
         of those portions of the [magistrate’s] report” to which                     
         objection is made.  In interpreting that provision, the Supreme              
         Court stated:                                                                
                   It should be clear that on these dispositive                       
              motions, the statute calls for a de novo determination,                 
              not a de novo hearing.  We find nothing in the                          
              legislative history of the statute to support the                       
              contention that the judge is required to rehear the                     
              contested testimony in order to * * * make the required                 
              “determination.”  * * *                                                 
         United States v. Raddatz, 447 U.S. 667, 674 (1980).  The Court               
         quoted the following language from the House report accompanying             
         the bill that became the Federal Magistrates Act:                            
                   The use of the words “de novo determination” is                    
              not intended to require the judge to actually conduct a                 
              new hearing on contested issues.  Normally, the judge,                  
              on application, will consider the record which has been                 
              developed before the magistrate and make his own                        
              determination on the basis of that record, without                      
              being bound to adopt the findings and conclusions of                    
              the magistrate.  * * *                                                  





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