The Court appears to reach the conclusion that the Court will just keep sending the case back to the IRS for reconsideration via a Remand when the IRS fails to adequately support its findings, or ultimately abuses its discretion. The key question here is: how many times will Congress, and the Court allow the IRS to keep getting the determination wrong?  At some point, reason suggests that the Court will have to make a real determination on whether the IRS erred in their determination and order an appropriate remedy to redress the wrong, or the Court’s review under I.R.C. § 7623(b)(4) will be meaningless.