Julian Quinton Johnson - Page 3

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             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, according               






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