Sherald Lynn and Susan Jana Davis - Page 3




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               Petitioners assert that they are not opposed to the system             
          of Social Security insurance, but that they are religiously                 
          opposed to the issuance of Social Security numbers for their                
          dependent children.  Respondent does not dispute that petitioners           
          hold this belief.  Petitioners further assert that requiring them           
          to use Social Security numbers to receive tax benefits is a                 
          violation of the Religious Freedom Restoration Act of 1993                  
          (RFRA), Pub. L. 103-141, sec. 2, 107 Stat. 1488, 42 U.S.C. secs.            
          2000bb to 2000bb-4 (1994), and the Privacy Act of 1974 (Privacy             
          Act), Pub. L. 93-579, sec. 7, 88 Stat. 1900, 5 U.S.C. sec. 552a &           
          note (1994).                                                                
               Section 151(a) provides that in the case of an individual, a           
          deduction shall be allowed for each exemption allowed under                 
          section 151.  However, section 151(e) provides:  “No exemption              
          shall be allowed under this section with respect to any                     
          individual unless the taxpayer identification number of such                
          individual is included on the return claiming the exemption.”1              







          1    Sec. 151(e) was added to the Code by the Small Business Job            
          Protection Act of 1996 (SBJA), Pub. L. 104-188, sec. 1615(a)(1),            
          110 Stat. 1853.  Sec. 151(e) is generally effective for returns             
          due after Sept. 19, 1996.  However, for dependents claimed for              
          the 1996 taxable year, SBJA requires taxpayer identification                
          numbers for any children born on or before Nov. 30, 1996.  See              
          SBJA sec. 1615(d)(2), 110 Stat. 1853.                                       




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