Robert D. Mueller - Page 5




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            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).                                                                       





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