- 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).                                 
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