Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 106

                                                 - 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.                                                    





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