Estate of Edward J. Kunze, Deceased, Carol Ann Hause, Executor - Page 14




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          statutory classification that neither proceeds along suspect                
          lines nor infringes fundamental constitutional rights must be               
          upheld against equal protection challenge if there is any                   
          reasonably conceivable state of facts that could provide a                  
          rational basis for the classification.”  FCC v. Beach                       
          Communications, Inc., 508 U.S. 307, 313 (1993).  One reasonably             
          conceivable explanation for the classification embodied in the              
          net worth limitation is that Congress believed taxpayers with net           
          worths exceeding the limitation were less vulnerable to                     
          unjustified interest charges because such taxpayers were better             
          able to make an advance payment of tax or to post a cash bond,              
          thereby limiting the accrual of interest during a dispute with              
          the Commissioner.  Cf. Rev. Proc. 84-58, 1984-2 C.B. 501                    
          (establishing procedures for making an advance payment or posting           
          a cash bond).  We believe a rational basis exists for the net               
          worth limitations of section 6404(i); consequently, the provision           
          does not violate the Equal Protection Clause.                               
               Because petitioner’s net worth, determined as required by              
          section 7430(c)(4)(D)(i)(I), does not meet the requirements of              
          section 7430(c)(4)(A)(ii), this Court does not have                         
          jurisdiction.6                                                              


               6 In light of this conclusion, we find it unnecessary to               
          address respondent’s alternative argument that, even if                     
          petitioner’s net worth is to be determined as of the date of                
          filing the petition, such net worth must include all assets in              
          the estate, including assets already distributed.  See Estate of            





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