Lisa H. Green - Page 5




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               Petitioner asserts that she is entitled to equitable relief            
          under section 6015(f) in the form of a tax refund for each of the           
          years 1995, 1996, 1997, and 1998.  Her argument reflects the fact           
          that she paid the tax liabilities for those years before December           
          20, 2006.  Because petitioner’s 1995-98 tax liabilities did not             
          arise or remain unpaid on or after December 20, 2006, the Court             
          does not have jurisdiction under section 6015(e), as amended by             
          TRHCA section 408, over petitioner’s stand-alone claim for                  
          equitable relief under section 6015(f) for 1995-98.  See, e.g.,             
          Smith v. Commissioner, T.C. Memo. 2007-117; Bock v. Commissioner,           
          T.C. Memo. 2007-41.                                                         
               Petitioner argues, however, that TRHCA section 408 violates            
          her equal protection and due process rights under the United                
          States Constitution because it treats taxpayers who have paid               
          their tax liabilities before December 20, 2006, differently from            
          taxpayers who have not.  Petitioner’s argument is unavailing.  It           
          is well established that “Legislatures have especially broad                
          latitude in creating classifications and distinctions in tax                
          statutes.”  Regan v. Taxation With Representation, 461 U.S. 540,            
          547 (1983).  A taxpayer challenging the constitutionality of a              
          tax classification on equal protection grounds must bear the very           
          heavy burden of negating “every conceivable basis which might               
          support it.”  Id. at 547-548; see also Durham v. Commissioner,              
          T.C. Memo. 2004-125.                                                        







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