- 55 - Id. at 675 (quoting H. Rept. 94-1609 at 3 (1976)). Thus, Congress has used the phrase “de novo determination” in the context of other (non-tax) trial court proceedings to signify an independent determination (i.e., without deference to the result reached by the initial decisionmaker) by the trial court that is nonetheless based on the record developed by the initial decisionmaker.11 D. The “Abuse of Discretion” Standard of Review in Tax Court Proceedings 1. The Majority Opinion The majority acknowledges that the standard of review in this case is abuse of discretion. As discussed above at I.A.3., regardless of the applicability of the APA, the abuse of discretion standard traditionally has been associated with the application of the record rule. The majority therefore is forced 11 In his concurring opinion, supra p. 34, Judge Thornton concludes that the following statutory language renders our pre- APA de novo trial procedures applicable to sec. 6015(f) cases: “This subchapter, [and] chapter 7 * * * do not limit or repeal additional requirements imposed by statute or otherwise recognized by law.” APA sec. 559. We agree that the enactment of the APA in 1946 did not preempt this Court’s existing de novo trial procedures. See supra note 6 and accompanying text; see also supra note 9. We do not agree that our jurisdiction to review sec. 6015(f) adjudications, created in 1998, can be stitched to our pre-APA deficiency jurisdiction for these purposes. Specifically, we emphatically do not agree that sec. 6015 is “part and parcel” of the “specific statutory framework for reviewing deficiency determinations of the Internal Revenue Service.” Concurring op. supra p. 34; see infra discussion at I.D.2.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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