Jack A. Fleischli, a.k.a. Jack Forbes - Page 7

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          artists who earn more than $16,000 annually.  Petitioner cites              
          Salt River Pima-Maricopa Indian Cmty. v. Yavapai County, 50 F.3d            
          739 (9th Cir. 1995), for the proposition that a tax is                      
          discriminatory if it is not imposed equally upon similarly                  
          situated groups, and contends that respondent’s reading of                  
          “adjusted gross income” improperly discriminates between                    
          performing artists whose performing artist income does not exceed           
          $16,000 and performing artists whose performing artist income               
          does not exceed $16,000 but whose total income from all sources             
          exceeds $16,000.  Petitioner also argues that the Internal                  
          Revenue Code unconstitutionally favors elementary and secondary             
          school teachers, who may deduct employee business expenses up to            
          $250 from their gross income regardless of the amount of income             
          they earn, over artists.  See sec. 62(a)(2)(D), (d).  We disagree           
          with these arguments.                                                       
               A tax statute which provides different treatment for                   
          different classes of persons generally does not violate the Fifth           
          Amendment if it has a rational basis.  Regan v. Taxation with               
          Representation, 461 U.S. 540, 547 (1983); United States v. Md.              
          Sav.-Share Ins. Corp., 400 U.S. 4, 6 (1970); Barclay & Co. v.               
          Edwards, 267 U.S. 442, 450 (1925); Durham v. Commissioner, T.C.             
          Memo. 2004-125.  Legislatures have particularly broad latitude in           
          creating classifications and distinctions in tax statutes.  Regan           
          v. Taxation with Representation, supra; Carmichael v. S. Coal &             






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