Joseph Giamelli - Page 38




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               The legislative history establishes that in section 6330               
          cases Congress intended there to be a trial de novo in the Tax              
          Court, that we can receive evidence beyond the administrative               
          record, and we may consider issues not raised at the section 6330           
          hearing.  Davis was premised on the idea that we would be able to           
          hear issues and receive evidence beyond those raised or provided            
          at the section 6330 hearing.  If our review is limited to those             
          issues raised at the section 6330 hearing (and possibly to the              
          administrative record), Davis is outdated.                                  
               In order to fulfill our section 6330 review function, as               
          mandated by Congress after lengthy and careful deliberation, the            
          Court needs more information than is provided by current section            
          6330 hearings.  This statement is tempered by almost a decade of            
          experience handling section 6330 cases where the IRS consistently           
          has attempted to limit the evidence the Court can review.                   
          Frequently the Court is provided virtually no record at all or              
          the scant documents accumulated by Appeals, making meaningful               
          review impossible.                                                          
               By abandoning our precedent and interpreting the statute in            


               12(...continued)                                                       
          believe it is incorrect to conclude that when the standard of               
          review is abuse of discretion that a fortiori the scope of our              
          review is limited to the administrative record.                             









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