- 20 - legislative purpose shows that Congress did not intend section 7479 to have the limited scope that respondent urges. B. Respondent’s Arguments Concerning the Lack of Judicially Manageable Standards in Section 6165 Are Misdirected In the absence of a specific statutory preclusion of review,7 agency action may be determined to be “‘committed to agency discretion by law’” only when a fair appraisal of the entire legislative scheme, including a weighing of the practical and policy implications of reviewability, persuasively indicates that judicial review should be circumscribed. Estate of Gardner v. Commissioner, 82 T.C. at 995 (quoting Local 2855, AFGE v. United States, 602 F.2d 574, 578 (3d Cir. 1979)). Respondent argues that because section 6165 provides that he “may” require a bond, and provides no other conditions for this authority, the decision to require security when granting a section 6166 extension is “committed entirely to respondent’s discretion.” We rejected respondent's argument in the context of a similar statute in Estate of Gardner v. Commissioner, 82 T.C. 989 (1984). In Estate of Gardner, the estate elected under section 2032A to value its farm at its actual use rather than its best use. However, section 6075 required that the timing of the 7Respondent concedes that nothing in sec. 6165 expressly precludes judicial review.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 10, 2007