Antonio and Luzviminda Pungot - Page 5




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          Moreover, the parties stipulated that petitioner would have                 
          satisfied the first requirement if he had owned more than 5                 
          percent of the engineering consulting firms.  Petitioners’ only             
          claim is that section 469(c)(7)(D)(ii) is unconstitutional                  
          because, by treating a nonowner employee differently than a                 
          “5–percent owner”, the statute violates the Fifth Amendment’s               
          guaranty of equal protection under the laws.                                
               Generally, a statutory classification is valid if it is                
          rationally related to a legitimate government interest.  See                
          Regan v. Taxation With Representation, 461 U.S. 540, 547 (1983).            
          We would apply a higher standard of review if the statute                   
          infringed fundamental rights or targeted a suspect class.  See,             
          e.g., id.; Harris v. McRae, 448 U.S. 297, 322 (1980).                       
               In taxation, more so than in some other fields, Congress has           
          broad classification powers.  See Regan v. Taxation With                    
          Representation, supra; Lehnhausen v. Lake Shore Auto Parts Co.,             
          410 U.S. 356, 359 (1973); Steward Mach. Co. v. Davis, 301 U.S.              
          548, 584 (1937); Brushaber v. Union Pac. R.R., 240 U.S. 1, 25–26            
          (1916); Flint v. Stone Tracy Co., 220 U.S. 107, 158 (1911).  As             
          the Supreme Court emphatically noted in Madden v. Kentucky, 309             
          U.S. 83, 87–88 (1940):                                                      
               The broad discretion as to classification possessed by                 
               a legislature in the field of taxation has long been                   
               recognized. * * * the passage of time has only served                  
               to underscore the wisdom of that recognition of the                    
               large area of discretion which is needed by a legis-                   
               lature in formulating sound tax policies. * * * Since                  





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