Thomas N. Rawlins - Page 5

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               Adjusted gross income is calculated by deducting from gross            
          income, inter alia, trade or business expenses "if such trade or            
          business does not consist of the performance of services by the             
          taxpayer as an employee."  Sec. 62(a)(1).  Congress decided that            
          allowance of these deductions "above the line" is                           
               necessary to make as nearly equivalent as practicable                  
               the concept of adjusted gross income, when that concept                
               is applied to different types of taxpayers deriving                    
               their income from varying sources.  Such equivalence is                
               necessary for equitable application of a mechanical tax                
               table or a standard deduction which does not depend                    
               upon the source of income. * * * [S. Rept. 885, supra,                 
               1944 C.B. at 877-878.]                                                 
               The Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085,            
          limited the deductibility of miscellaneous itemized deductions,             
          allowing their deduction only in excess of 2 percent of adjusted            
          gross income.  See sec. 67.  In Lickiss v. Commissioner, T.C.               
          Memo. 1994-103, we held that section 67 did not create an                   
          unconstitutional distinction vis-a-vis the expenses of employees            
          and of self-employed individuals.  We noted that Congress imposed           
          the limitation to simplify the enforcement and administrative               
          aspects of the tax law as well as to ease the recordkeeping                 
          burdens on taxpayers.                                                       
               In creating the AMT, Congress sought to correct the "unfair            
          distribution of tax burden resulting from abuses by individuals             
          who escaped taxation on certain portions of their income because            
          of provisions in the tax laws."  Graff v. Commissioner, 74 T.C.             
          743, 767 (1980), affd. per curiam 673 F.2d 784 (5th Cir. 1982).             





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