Antonio and Luzviminda Pungot - Page 6




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               the members of a legislature necessarily enjoy a                       
               familiarity with local conditions which this Court                     
               cannot have, the presumption of constitutionality can                  
               be overcome only by the most explicit demonstration                    
               that a classification is a hostile and oppressive                      
               discrimination against particular persons and classes.                 
               The burden is on the one attacking the legislative                     
               arrangement to negative every conceivable basis which                  
               might support it.  [Fn. ref. omitted.]                                 
          Thus, if plausible reasons exist for Congress’ decision to grant            
          deductions to some taxpayers while denying them to others, and              
          the means chosen is not so attenuated as to render the dis-                 
          tinction arbitrary or capricious, then we uphold the law.                   
          Indeed, the classification “will not be set aside if any state of           
          facts reasonably may be conceived to justify it.”  McGowan v.               
          Maryland, 366 U.S. 420, 426 (1961) (emphasis added); see also               
          Bryant v. Commissioner, 72 T.C. 757, 764 (1979).                            
               Respondent maintains, and we agree, that section                       
          469(c)(7)(D)(ii) implements legitimate goals of ensuring that               
          only real estate professionals who have an entrepreneurial stake            
          in a real property business will qualify for relief under section           
          469(c)(7).  The legislative history supports this view.                     
               Congress enacted section 469 to foreclose tax shelters.  See           
          S. Rept. 99–313 (1986), 1986–3 C.B. (Vol. 3) 714.  The treatment            
          of all rental activities as passive, however, created problems              
          among real estate professionals.  A full-time real estate                   
          developer, for example, could not use losses from one aspect of             
          his business; i.e., renting properties, to offset income from               






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