- 9 - Section 469(i) simply is an exercise by Congress of its broad authority to recognize differences between various kinds of activities. See Brushaber v. Union Pac. R.R., 240 U.S. 1 (1916). As for the disallowance of the loss for other passive activities, such as petitioner's automobile rental activity, the effect is an incidental financial burden and not an impermissible interference. See Maher v. Roe, 432 U.S. 464, 471 (1977); Black v. Commissioner, 69 T.C. 505, 509-510 (1977). We hold that the legislative classification provided by section 469(i) is constitutional. Petitioner has made other arguments that we have considered in reaching our decision. To the extent that we have not discussed these arguments, we find them to be without merit. To reflect our disposition of the disputed issue, as well as the parties' concessions, Decision will be entered for respondent as to the deficiencies in taxes and for petitioner as to the accuracy- related penalty for 1994.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011