- 187 - previously stated that "rich people from Hong Kong undermine the U.S. tax system", he further testified that he proposed the deficiencies that became the bases for the notices because he believed that such proposed deficiencies were required by the substance over form doctrine and Rev. Rul. 87-89, 1987-2 C.B. 195. We have no reason to question the examining agent's credi- bility, and, in fact, we found him to be totally credible and candid. Based on our review of the entire record before us, we find that petitioner has not established that he was singled out by respondent for audit and deficiency determination while others similarly situated were not. 2. Petitioner's Claim That He Was Singled Out Based on Constitutionally Impermissible Grounds Even assuming arguendo that petitioner had shown that he was singled out, that showing, standing alone, would not have jus- tified our holding that he was denied equal protection of the law under the Fifth Amendment. In this connection, we have had occasion to observe that the Supreme Court has held that the conscious exercise of some selectivity in enforcement is not in itself a Federal constitutional violation of due process or 141(...continued) parties have stipulated that the deficiencies in that case are based upon deficiencies in withholding tax proposed by the same examining agent who proposed the deficiencies in withholding tax that form the bases for the notices herein.Page: Previous 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 Next
Last modified: May 25, 2011