- 10 - respondent disagrees with each of petitioners' arguments. We agree with respondent. First, we do not agree that taxing the capital gain realized on the sale of petitioners' Mequon residence is a violation of petitioners' equal protection rights. The Fifth Amendment to the Constitution protects against the deprivation of life, liberty, or property without due process of law. The Due Process Clause of the Fifth Amendment provides protection against Federal discriminatory action "so unjustified as to be violative of due process". Shapiro v. Thompson, 394 U.S. 618, 642 (1969); Bolling v. Sharpe, 347 U.S. 497-499 (1954); Ward v. Commissioner, 608 F.2d 599 (5th Cir. 1979), affg. per curiam T.C. Memo. 1979-39. Further, the Due Process Clause of the 5th Amendment has been held to incorporate the Equal 4(...continued) Process Clause of the 5th Amendment, because it transforms a real loss into a fictitious gain and creates phantom income or distorts income beyond any reasonable proportions. IRS wrongfully fails to recognize the phenomenon of inflation, as explained more fully below. c. The house "gain" taxing scheme violates the Equal Protection component of the 5th Amendment for an additional reason, namely because IRS refuses to recognize either nominal or real losses on the sale of a residence, even though it readily taxes nominal gains. That results in disparate treatment as between homeowners who cannot deduct losses and businesses which can because businesses can deduct those losses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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