Dean W. and Tammy R. May - Page 9

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          statute.  Hughes v. Commissioner, 81 T.C. 683 (1983); Palmer v.             
          Commissioner, 52 T.C. 310 (1969); Stradley v. Commissioner, T.C.            
          Memo. 1986-424.  It is clear the petitioner does not come within            
          the provisions of section 1402(g).                                          
               Petitioner next argues that the denial of the exemption from           
          self-employment tax represents an attempt to regulate his                   
          religious beliefs in violation of the First Amendment.                      
          Specifically, petitioner argues the following:                              
               Other religious groups have been granted exemption.  To                
               deny me that same exemption would effectively establish                
               a class of religious people that enjoy privileges of                   
               the federal government unattainable by others.  That is                
               the establishment of one religion more favored than                    
               others.  The First Amendment of the Constitution                       
               forbids the government from this kind of practice.                     
          On several occasions this Court and other Courts have considered            
          similar arguments and found them to be without merit.  Droz v.              
          Commissioner, 48 F.3d 1120 (9th Cir. 1995), affg. an Oral Opinion           
          of this Court; Randolph v. Commissioner, 74 T.C. 284 (1980);                
          Henson v. Commissioner, 66 T.C. 835 (1976); Palmer v.                       
          Commissioner, 52 T.C. 310 (1969); Grieve v. Commissioner, T.C.              
          Memo. 1986-453.  We can find nothing in the instant case to                 
          distinguish it from the above cases.  Accordingly, we find the              
          reasoning of those opinions to be dispositive of this argument.             
          The denial of exemption from self-employment tax is not in                  
          violation of petitioner's First Amendment rights.  Thus, we                 
          sustain respondent's determination that petitioners are liable              
          for self-employment tax for the years in issue.                             




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