Ross Gable Cansino and Mary Ann Cansino - Page 7




                                        - 7 -                                         
          See Miller v. Commissioner, 114 T.C. 511 (2000); see also Kocher            
          v. Commissioner, T.C. Memo. 2000-238; Davis v. Commissioner, T.C.           
          Memo. 2000-210 (involving both RFRA and the Privacy Act of 1974,            
          5 U.S.C. sec. 552a (1994)).  Petitioners have given us no                   
          persuasive reason to revisit any of those cases.  Accordingly, we           
          hold that petitioners’ religious belief does not negate the                 
          requirement of section 151(e) that a taxpayer include on the                
          taxpayer’s return the SSN of any child whom the taxpayer claims             
          as a dependent.                                                             
               We turn now to petitioners’ contention that section 151(e)             
          violates the Equal Protection and Due Process Clauses of the 14th           
          Amendment to the Constitution, as well as the Due Process Clause            
          of the 5th Amendment.                                                       
               Petitioners assert that the requirement to provide SSN’s for           
          their children violates equal protection principles because it is           
          over-inclusive.  Petitioners argue that the SSN requirement                 
          “should have been tailored so as to apply only to those                     
          individual parents who are both likely to take the deductions for           
          their children not to all parents.”  Petitioners seek to have the           
          SSN requirement imposed for a distinct class of individuals,                
          namely: (1) Those involved in divorce proceedings; (2) paternity            
          suits; or (3) other domestic relations proceedings.  We disagree.           
               Initially, we note that this Court has held that the 14th              
          Amendment does not apply to Federal tax statutes.  See Labay v.             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011