Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 102

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            religion, or the desire to prevent the exercise of his constitu-                               
            tional rights.  See Argabright v. United States, 35 F.3d 472, 477                              
            (9th Cir. 1994); St. German of Alaska E. Orthodox Catholic Church                              
            v. United States, 840 F.2d 1087, 1095 (2d Cir. 1988); Karme v.                                 
            Commissioner, 673 F.2d 1062, 1064 (9th Cir. 1982), affg. 73 T.C.                               
            1163 (1980); Penn-Field Indus., Inc. v. Commissioner, 74 T.C.                                  
            720, 723 (1980).                                                                               
                  This Court has on numerous occasions described our respon-                               
            sibility in cases before us.  We have described that responsi-                                 
            bility as follows:                                                                             
                  It is the well-established position of this Court that                                   
                  our responsibility is to apply the law to the facts of                                   
                  the case before us and to determine the correct tax                                      
                  liability of the petitioner.  How the Commissioner may                                   
                  have treated other taxpayers generally has been con-                                     
                  sidered irrelevant in reaching our decision.  See Davis                                  
                  v. Commissioner, 65 T.C. 1014, 1022 (1976), and the                                      
                  cases cited therein; Teichgraeber v. Commissioner, 64                                    
                  T.C. 453 (1975).  It is conceivable, however, that                                       
                  there may be situations where a taxpayer should be                                       
                  accorded some relief if he were selected for audit on a                                  
                  constitutionally impermissible criterion, although such                                  
                  situations are extremely rare.  Greenberg's Express,                                     
                  Inc. v. Commissioner, 62 T.C. 324, 328 (1974).  [Penn-                                   
                  Field Indus., Inc. v. Commissioner, supra at 722.]                                       
                         1.    Petitioner's Claim That He Was Singled Out                                  
                  In support of his claim that he was singled out by respon-                               
            dent when she made the determinations with respect to the Bank                                 
            transactions at issue, petitioner contends that (1) the back-to-                               
            back loan transaction involved in Rev. Rul. 87-89, 1987-2 C.B.                                 
            195, was, and the National Office was aware that it was, com-                                  
            monplace at the time that ruling was issued; (2) although the                                  




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