- 19 - provide the relief he requests. "The proper place for a consideration of petitioner's complaint is the Halls of Congress, not here [Tax Court]." Hays Corp. v. Commissioner, 40 T.C. 436, 443 (1963), affd. 331 F.2d 422 (7th Cir. 1964). In addition, petitioners argue that taxpayers are unfairly treated when the value of their home increases because of inflation. They contend that The $40,140 of alleged gain is fictitious, for the IRS gain computation assumes that the taxpayers' 1987 purchase dollars are equivalent to 1993 sale dollars. If equivalent dollars are used to compute gain here, the $40,140 "gain" becomes a loss of $8,397. An income tax may not be imposed on a loss without violating IRC � 61 and the Due Process Clause of the Fifth Amendment. Other taxpayers have raised the argument of inflation as grounds for failing to report income. We have consistently rejected this argument. See Hellermann v. Commissioner, 77 T.C. 1361 (1981); Milkowski v. Commissioner, T.C. Memo. 1981-225; Downing v. Commissioner, T.C. Memo. 1983-97. The taxpayers in Hellermann made arguments similar to those advanced by petitioners: That gain from the sale of their buildings was due to inflation; that their gain was nominal; and that the portion of their nominal gain that was due to inflation does not constitute taxable income. 77 T.C. at 1362-1363. The taxpayers therein also used the Consumer Price Index to illustrate the effects of inflation and what was alleged to be their nominal gain. Id. at 1362. Responding to thatPage: 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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