Richard G. Cook and Patricia A. Cook - Page 7

                                                 - 7 -                                                   

            that home office are not deductible under section 280A(c)(1).                                
            Respondent is sustained on this issue.                                                       
                  Petitioners next contend that such an interpretation of                                
            section 280A(c)(1) is unconstitutional.  Petitioner argues that                              
            it is irrational not to allow the matching of costs against                                  
            revenues as it not only deviates from generally accepted                                     
            accounting principles but it also requires taxpayers to pay taxes                            
            on gross income with no benefit of the deduction for the expenses                            
            incurred to produce that income.  Such a result, petitioners                                 
            contend, violates due process principles.                                                    
                  To the extent that petitioners' claim is based on the                                  
            Fourteenth Amendment of the U.S. Constitution, this Court has                                
            held that the Fourteenth Amendment does not apply to Federal tax                             
            statutes.  Labay v. Commissioner, 55 T.C. 6, 14 (1970), affd. per                            
            curiam 450 F.2d 280 (1971).  Thus, the Equal Protection and Due                              
            Process Clauses of the Fourteenth Amendment do not operate as a                              
            limitation on the taxing power of the Federal government.                                    
            Hamilton v. Commissioner, 68 T.C. 603, 606 (1977).                                           
                  In general, a Federal tax law is not violative of the Due                              
            Process Clause of the Fifth Amendment of the U.S. Constitution                               
            unless the statute classifies taxpayers in a manner that is                                  
            arbitrary and capricious.  Hamilton v. Commissioner, supra at                                
            606; Shaffer v. Commissioner, T.C. Memo. 1994-618.  Here,                                    
            petitioners have not shown that section 280A(c)(1) classifies                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011