- 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. * * *Page: Previous 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Next
Last modified: May 25, 2011