Ross Gable Cansino and Mary Ann Cansino - Page 6




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          their children are not eligible to obtain an SSN.  Indeed, as               
          U.S. citizens, petitioners’ children are eligible to obtain                 
          SSN’s.  See 20 C.F.R. secs. 422.104(a)(1), 422.107 (2001).                  
          The applicable regulations further provide that “Any individual             
          who is duly assigned a social security number or who is entitled            
          to a social security number will not be issued an IRS individual            
          taxpayer identification number.”  Sec. 301.6109-1(d)(4), Proced.            
          & Admin. Regs.4                                                             
               In view of the foregoing, it is apparent that section 151(e)           
          is applicable to the facts of this case and, if not                         
          unconstitutional, serves to bar allowance of deductions for                 
          dependency exemptions for petitioners’ children.  Accordingly, we           
          turn now to petitioners’ constitutionally based contentions.  We            
          begin with the contention that compliance with section 151(e)               
          would contravene a sincerely held religious belief.                         
               This Court has previously upheld section 151(e) against                
          challenge that it violates the Free Exercise Clause of the 1st              
          Amendment to the Constitution and the Religious Freedom                     
          Restoration Act of 1993 (RFRA), Pub. L. 103-141, 107 Stat. 1488.            



               4 Sec. 301.6109-1(d)(4), Proced. & Admin. Regs., is                    
          effective for any return required to be filed after Dec. 31,                
          1995.  See T.D. 8671, 1996-1 C.B. 314.  Prior to the promulgation           
          of the regulation, the Commissioner issued individual taxpayer              
          identification numbers to taxpayers who objected to the use of              
          SSN’s on religious grounds.  See Davis v. Commissioner, T.C.                
          Memo. 2000-210 n.2; Wolfrum v. Commissioner, T.C. Memo. 1991-370,           
          affd. without published opinion 972 F.2d 350 (6th Cir. 1992).               





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