- 6 - Supp. 958 (N.D. Ind. 1976), affd. per curiam sub nom. Barter v. United States, 550 F.2d 1239 (7th Cir. 1977). Petitioner seeks to add a new gloss to these old challenges by identifying singles who share assets and income (whom he labels “economic partners”) as a distinct class of taxpayers disadvantaged by marital classifications. For the reasons set forth below, we hold the tax code’s distinctions between married taxpayers and unmarried economic partners to be constitutionally valid. In evaluating whether a statutory classification violates equal protection, we generally apply a rational basis standard. See Regan v. Taxation With Representation, 461 U.S. 540, 547 (1983). We apply a higher standard of review only if it is found that the statute (1) impermissibly interferes with the exercise of a fundamental right or (2) employs a suspect classification, such as race. See, e.g., id.; Harris v. McRae, 448 U.S. 297, 322 (1980). Neither of these exceptions applies. Petitioner does not directly identify any fundamental right impeded by the use of marital classifications in the tax code. Petitioner cites commentary addressing the right to marry. However, a law is considered to burden the right to marry only where the obstacle to marriage imposed by the law operates to preclude marriage entirely for a certain class of persons. See DeMars v. Commissioner, supra at 250. The classifications atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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