- 71 - proceedings in those types of cases would be inconsistent with the approach we suggested in our Ewing dissent. Contrary to the majority’s assertion, we have limited our review to the administrative record in those types of cases. See Houston Lawyer Referral Serv., Inc. v. Commissioner, 69 T.C. 570, 577 (1978) (“To allow oral testimony * * * as to facts not otherwise in the administrative record to be introduced in evidence * * * in a section 7428 declaratory judgment proceeding would convert that proceeding from a judicial review of administrative action to a trial de novo” and “would permit an applicant [for tax- exempt status] to withhold information from the Internal Revenue Service and then to introduce it before the Court”); Tamko Asphalt Prods., Inc. v. Commissioner, 71 T.C. 824, 837 (1979) (rejecting the argument of the taxpayer in a section 7476 proceeding “that it is entitled to a trial as in any other matter before this Court”, the Court reasoned that “[t]o permit extrinsic evidence, other than that present in the administrative record, would convert a declaratory judgment proceeding from a 7(...continued) consistently conducted trials on the issue of whether the Commissioner’s denial of a request to abate interest under section 6404 was an abuse of discretion.” Majority op. pp. 25- 26. In neither case did the Court address the issue of the appropriate scope of review. Although the issue is not before us today, we would conclude that, for the same reasons discussed herein and in our Ewing dissent, our review of the Commissioner’s interest abatement determinations is not properly the subject of de novo proceedings. See Ewing v. Commissioner, 122 T.C. at 65 n.12 (Halpern and Holmes, JJ., dissenting).Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
Last modified: May 25, 2011