- 183 - 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 thePage: Previous 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 Next
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