2007) (determining trial court's sound discretion will not be reversed unless there is
abuse of discretion).
The Tax Court rejected the IRS's position and ruled that, when reviewing for
abuse of discretion under IRC section 6330(d), any relevant evidence pertaining to issues raised at the Appeals hearing is admissible in Tax Court.
The case law in the last 20 years demonstrates the inability of good judges to apply the gross
abuse of discretion standard in a post-Canakaris world.
However, a distinction should be drawn between injunctive orders resting on purely legal grounds (de novo standard of review) and those resting on factual grounds (
abuse of discretion standard of review).
Ong insisted that Diaz committed grave
abuse of discretion considering that the three are "not qualified to be discharged as state witnesses as the conditions/requirements under the rule are not met" and being under the Witness Protection Program "does not necessarily mean that they are automatically qualified to be discharged as accused."
'We were informed that his lawyers had filed a petition for certiorari citing grave
abuse of discretion,' Justice Secretary Menardo Guevarra said in a text message Thursday.
Ampatuan said that Judge Jocelyn Solis-Reyes committed 'grave
abuse of discretion' when she denied the plea for bail in her rulings dated Sept.
COURT'S OPINION: The Court of Appeals of Texas held that Mandamus will issue to correct a clear
abuse of discretion when there is no adequate remedy by appeal.
That decision held that the granting of more challenges than provided by law was subject to review for an
abuse of discretion. In conducting that review of the court felt that it was incumbent on it to determine whether the granting of the additional challenges was inconsistent with an efficient and orderly judicial process.
The court found no
abuse of discretion in the district court's award of $51,786 in attorney's fees.
The Tax Court reviewed the Service's action under the "
abuse of discretion" standard.
Observation: While some practitioners are relieved the regulations are not significantly stricter than existing precedents, others are concerned with the high level of judicial review (
abuse of discretion) applicable to the district director's determinations.
The Court held that the Sandiganbayan did not did not commit grave
abuse of discretion in issuing a writ of preliminary attachment on Revilla's monies and properties on February 5, 2015.
The senators argued that Palace alone cannot unilaterally repeal a law or withdraw from a treaty or international agreement, thus, doing such may be considered a grave
abuse of discretion.
(APBPI) told the SC that the CA committed grave
abuse of discretion amounting to lack or excess of jurisdiction in issuing the 60-day temporary restraining order (TRO).
