- 2 - of petitioner’s 1991, 1996, 1998, and 1999 income tax liabilities, aggregating approximately $10,000. The decision to be entered in this case is not reviewable by any other court, and this opinion should not be cited as authority. Unless otherwise indicated, all subsequent section references are to the Internal Revenue Code in effect for the years in issue. All Rule references are to the Tax Court Rules of Practice and Procedure. The case is presently before the Court to decide respondent’s motion for summary judgment. In that motion, respondent asks the Court to summarily decide the case in respondent’s favor on the ground that no abuse of discretion can be found in the Appeals officer’s issuance of the subject notice of determination, and respondent is entitled to judgment as a matter of law. The premise of respondent’s motion is that the Court’s review of the notice of determination is governed by the judicial review provisions of the Administrative Procedure Act, particularly section 706, 5 U.S.C. sec. 706 (2000), which “limit a court’s review for an abuse of discretion to the administrative record.” Respondent argues that the Court’s review in this case is limited to the administrative record. Respondent asserts that, accordingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011