- 18 - scheme of taxation, whether the tax is imposed on property, income, or purchases of goods and services, has yet been devised which is free of all discriminatory impact.'" Druker v. Commissioner, 77 T.C. 867, 872 (1981) (quoting San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. at 42), affd. in part on this issue and revd. in part on another issue 697 F.2d 46 (2d Cir. 1982). In sum, we hold that no denial of the equal protection or due process provisions of the Constitution has occurred herein. c. Equitable Arguments Petitioners maintain that to tax the gain from the sale of their Mequon residence because they could not afford to purchase another house of equal or greater value constitutes "blatant discrimination on the basis of wealth." Petitioners' economic hardship situation does not alleviate their obligation to report the gain on the sale of their Mequon residence, as required by section 1034. To petitioners this result may appear inequitable. Petitioners essentially are requesting the Court to ignore the plain language of the statute and rewrite the statute to achieve what they regard as an equitable result. See Hildebrand v. Commissioner, 683 F.2d 57, 58-59 (3d Cir. 1982), affg. T.C. Memo. 1980-532. This we cannot do. We cannot alter the plain reading of the statute. Petitioner has not cited any authority for us to 9(...continued) portion includable in gross income. Sec. 72(t).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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