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
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).