James M. Robinette - Page 24

                                       - 24 -                                         
          to provide a detailed factual record for judicial review.                   
          Rather, they allow for the taxpayer to informally raise matters             
          relevant to the collection actions at hand, such as spousal                 
          defenses, propriety of IRS collection activities, and                       
          alternatives to collection actions proposed by the IRS.  See sec.           
          6330(c)(2)(A).                                                              
                    4. Legislative History                                            
               Nothing in the legislative history of section 6330 or 6320             
          indicates that the APA applies or that the Court’s review is                
          limited to the administrative record.  Congress was well aware              
          when it enacted section 6330 that the Court is a trial court                
          which has historically resolved cases by taking evidence and has            
          never been governed by the APA.  Section 6330 expanded the                  
          Court’s jurisdiction.  The conference agreement states:  “The               
          determination of the appeals officer may be appealed to the Tax             
          Court or, where appropriate, the Federal district court.”  H.               
          Conf. Rept. 105-559, at 266 (1998), 1998-3 C.B. 747, 1020.  The             
          report specifies that where “the validity of the tax liability is           
          not properly part of the appeal, the taxpayer may challenge the             
          determination of the appeals officer for abuse of discretion.”              
          Id.  Reference to the APA or the administrative record, however,            
          is absent.                                                                  









Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011