James M. Robinette - Page 20

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          Id.  In Nappi v. Commissioner, 58 T.C. 282, 284 (1972), we                  
          reasoned that the APA provisions “apply to an ‘agency’ of the               
          Government of the United States, but specifically exclude ‘the              
          courts of the United States.’ * * * the United States Tax Court             
          is established as a court of record under article I of the                  
          Constitution of the United States.  Being a court of the United             
          States, it is excluded from the provisions of the * * * [APA].”             
               Although section 6330 postdates the APA, the APA judicial              
          review provisions are not applicable.  The APA does not “limit or           
          repeal additional requirements imposed by statute or otherwise              
          recognized by law.”  5 U.S.C. sec. 559 (2000).  The Court’s de              
          novo procedures for reviewing IRS functions were well established           
          and “recognized by law” at the time of the APA’s enactment.                 
          Ewing v. Commissioner, supra at 52 (Thornton, J., concurring);              
          see also Phillips v. Commissioner, 283 U.S. 589, 598, 600 (1931);           
          Blair v. Oesterlein Mach. Co., 17 F.2d 663, 665 (D.C. Cir. 1927);           
          Barry v. Commissioner, 1 B.T.A. 156, 157 (1924).  The Court’s de            
          novo procedures provide a stricter scope of review of the                   
          Commissioner’s determinations than would be obtained under APA              
          judicial review procedures.  Ewing v. Commissioner, supra at 52-            
          53 (Thornton, J., concurring).                                              
               The APA does not supersede specific statutory provisions for           
          judicial review, as it is a statute of general application.  5              
          U.S.C. secs. 703, 704 (2000); Ewing v. Commissioner, supra at 50            






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