-29- 183, we need not address the point in the context of these cases. We proceed with the review of the STJ report mandated by the Courts of Appeals and apply the “manifestly unreasonable” standard of deference as more fully described in the caselaw discussed below. In Ballard v. Commissioner, 544 U.S. at 54-55, the Supreme Court addressed the deference that is due a Special Trial Judge’s recommended findings of fact under Rule 183 as follows: Rule 183(c)’s origin confirms the clear understanding, from the start, that deference is due to factfindings made by the trial judge. Commenting in 1973 on then newly adopted Rule 182(d), the precursor to Rule 183(c), the Tax Court observed that the Rule was modeled on Rule 147(b) of the former Court of Claims. Tax Ct. Rule 182 note, 60 T.C. 1150, (Tax Court review procedures were to be “comparable” to those used in the Court of Claims). Rule 182(d)’s “[d]ue regard” and “presumed to be correct” formulations were taken directly from that earlier Rule, which the Court of Claims interpreted to require respectful attention to the trial judge’s findings of fact. See Hebah v. United States, 456 F.2d 696, 698 (Cl. Ct. 1972) (per curiam) (challenger must make a “strong affirmative showing” to overcome the presumption of correctness that attaches to trial judge findings). The Tax Court’s acknowledgment of Court of Claims Rule 147(b) as the model for its own Rule, indeed the Tax Court's adoption of nearly identical language, lead to the conclusion the Tax Court itself expressed: Under the Rule formerly designated Rule 182(b), now designated 183(c), special trial judge findings carry “special weight insofar as those findings are determined by the opportunity to hear and observe the witnesses.” Tax Ct. Rule 182 note, 60 T.C. 1150 (1973); see Stone v. Commissioner, 865 F.2d 342, 345 (CADC 1989). [Fn. ref. omitted.] We briefly examine the Hebah and Stone cases cited by the Supreme Court above.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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