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The Supreme Court has held that respondent has broad
discretion under section 7805(b) and its predecessor, in deciding
to revoke a ruling retroactively, and that such a determination
is reviewable by the courts only for abuse of that discretion.
Automobile Club v. Commissioner, 353 U.S. 180, 184 (1957); see
Dixon v. United States, 381 U.S. 68 (1965). See generally,
Virginia Education Fund v. Commissioner, 85 T.C. 743 (1985),
affd. 799 F.2d 903 (4th Cir. 1986).
More recently, in a different but analogous setting, we
described review of exercise of discretion as follows:
Whether the Commissioner has abused his discretion is a
question of fact. Buzzetta Construction Corp. v.
Commissioner, 92 T.C. 641, 649 (1989); Estate of Gardner v.
Commissioner, 82 T.C. 989, 1000 (1984). In reviewing the
Commissioner’s actions, however, we do not substitute our
judgment for the Commissioner’s, nor do we permit taxpayers
to carry their burden of proof by a mere preponderance of
the evidence. Buzzetta Construction Corp. v. Commissioner,
28(...continued)
provisions enacted after July 30, 1996, and so does not affect
the instant case. We note that present sec. 7805(b)(8) provides
as follows:
SEC. 7805. RULES AND REGULATIONS.
* * * * * * *
(b) Retroactivity of Regulations.--
(8) Application to rulings.--The Secretary
may prescribe the extent, if any, to which any
ruling (including any judicial decision or any
administrative determination other than by
regulation) relating to the internal revenue laws
shall be applied without retroactive effect.
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