Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 104

                                                 - 185 -                                                   
                  The Commissioner is not required to exercise her discretion                              
            under section 7805(b) to limit the retroactive application of a                                
            revenue ruling solely because it may apply to a type of transac-                               
            tion that is, and that the Service knows is, commonplace.  If the                              
            Commissioner decides not to exercise her authority to limit the                                
            retroactive effect of a revenue ruling, she generally has an                                   
            obligation to apply the ruling retroactively to all similarly                                  
            situated taxpayers.  Petitioner has the burden of showing that                                 
            the Commissioner failed to apply Rev. Rul. 87-89, supra, retroac-                              
            tively to all similarly situated taxpayers or that he otherwise                                
            was singled out by respondent.                                                                 
                  With respect to petitioner's second contention (viz., the                                
            Service's general administrative practice was to apply Rev. Rul.                               
            87-89, supra, on a prospective basis only), except for the                                     
            present cases, the only instance of the application of that                                    
            ruling disclosed by the record is Fu Inv. Co. v. Commissioner,                                 
            docket No. 13306-92.  In this connection, the parties entered                                  
            into the following stipulation:                                                                
                  After making reasonable inquiry of the Office of Asso-                                   
                  ciate Chief Counsel (International), the Office of the                                   
                  Assistant Commissioner (International), the Office of                                    
                  Western Regional Counsel, and the San Francisco Dis-                                     
                  trict Office, respondent has not discovered any un-                                      
                  agreed case in the Examination Division or docketed                                      
                  case other than these cases and the case of Fu Invest-                                   
                  ment Company v. Commissioner, Docket No. 13306-92, in                                    
                  which Rev. Rul. 87-89 has been applied retroactively.                                    
                  * * *                                                                                    







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