- 5 - Amendment and of the equal protection standards incorporated thereunder.2 We have consistently denied constitutional challenges to marital classifications in the tax code. These have included challenges brought by disadvantaged married taxpayers,3 see DeMars v. Commissioner, 79 T.C. 247 (1982); Druker v. Commissioner, 77 T.C. 867 (1981), affd. on this issue and revd. in part 697 F.2d 46 (2d Cir. 1982); Brady v. Commissioner, T.C. Memo. 1983-163, affd. without published opinion 729 F.2d 1445 (3d Cir. 1984), as well as by disadvantaged singles, see Kellems v. Commissioner, 58 T.C. 556 (1972), affd. per curiam 474 F.2d 1399 (2d Cir. 1973). Other Federal courts have similarly upheld marital classifications in the tax code. See, e.g., Mapes v. United States, 217 Ct. Cl. 115, 576 F.2d 896 (1978); Jansen v. United States, 441 F. Supp. 20 (D. Minn. 1977), affd. per curiam 567 F.2d 828 (8th Cir. 1977); Johnson v. United States, 422 F. 2The equal protection principles of the Fourteenth Amendment are encompassed within the Fifth Amendment as applied to Federal legislation. See, e.g., Weinberger v. Wiesenfeld, 420 U.S. 636, 638 n.2 (1975); Hamilton v. Commissioner, 68 T.C. 603, 606 (1977). 3Being accorded married status under the tax code is not always favorable. See U.S. General Accounting Office, Income Tax Treatment of Married and Single Individuals (Pub. No. GAO/GGD-96- 175) (1996) (describing provisions in the tax code favoring single taxpayers over married taxpayers and vice versa); see also Cohen & Morris, “Tax Issues From ‘Father Knows Best’ To ‘Heather Has Two Mommies’”, 84 Tax Notes 1309 (Aug. 30, 1999) (describing the tax advantages and tax planning opportunities available to nonmarried couples).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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