Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 113

                                                 - 193 -                                                   
            Corp. v. United States, 453 F.2d 300, 303 (2d Cir. 1971); First                                
            Chicago Corp. v. Commissioner, 96 T.C. 421, 438 (1991).                                        
                  Based on our review of the entire record before us, we con-                              
            clude that the Commissioner did not abuse her discretion by fail-                              
            ing to limit the retroactive effect of Rev. Rul. 87-89, supra.                                 
            See Anderson, Clayton & Co. v. United States, supra at 983-984.                                
                         2.    Petitioner's Claim That Respondent                                          
                               Did Not Comply With Her Duty to En-                                         
                               force the Federal Tax Law Consistently                                      
                  Petitioner appears to argue that respondent abused her                                   
            discretion by not complying with her duty to enforce the Federal                               
            tax law consistently144 when she applied Rev. Rul. 87-89, supra,                               
            retroactively in these cases but allegedly not in cases involving                              
            similarly situated taxpayers.145  In support of his argument,                                  
            petitioner relies on the same circumstances on which he relies on                              
            brief in advancing his position that respondent violated his                                   
            right to equal protection of the law under the Fifth Amendment.                                
                  Based on our review of the entire record before us, and for                              


            144  In advancing his abuse of discretion claim, petitioner                                    
            refers to respondent's alleged inconsistent treatment of taxpay-                               
            ers as selective enforcement.  We note that, in the context of                                 
            allegations of respondent's abuse of discretion, respondent's                                  
            obligation to enforce the Federal tax law consistently, and not                                
            to enforce that law selectively, is generally referred to as                                   
            respondent's duty of consistency.  See Jaggard v. Commissioner,                                
            76 T.C. 222, 226-227 (1981).                                                                   
            145  See supra note 142 regarding the inconsistency of peti-                                   
            tioner's contentions.                                                                          





Page:  Previous  182  183  184  185  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  201  Next

Last modified: May 25, 2011