- 12 - religious belief, is a compelling governmental interest"); see also Bob Jones Univ. v. United States, 461 U.S. 574, 603 (1983). In the present case, the alternative minimum tax is not based upon "a classification grounded on religion." Rather, the statute demonstrates that such tax is triggered by the value of deductions and exemptions claimed, the disallowance of which is unrelated to a taxpayer's religious beliefs. Cf. Commissioner v. Sullivan, 356 U.S. 27, 28 (1958); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934) (deductions are a matter of legislative grace; accordingly, the decision whether to permit particular deductions and under what circumstances lies within the discretion of Congress). Consequently, we do not agree that the alternative minimum tax unconstitutionally inhibits the free exercise of petitioners' religion. C. Conclusion In view of the foregoing, we hold that petitioners are liable for the alternative minimum tax. Accordingly, we sustain respondent's determination of the deficiency in income tax. Absent some constitutional defect, we are constrained to apply the law as written, see Estate of Cowser v. Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80 T.C. 783, 787- 788 (1983), and we may not rewrite the law because we may deem its effects susceptible of improvement; see Commissioner v. Lundy, 516 U.S. 235, 252 (1996), (quoting Badaracco v. Commissioner, 464 U.S. 386, 398 (1984)). Accordingly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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