- 54 - 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. * * *Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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