Jack and Janet Freeman - Page 25




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             T.C. 743, 765-767 (1980), affd. per curiam 673 F.2d 784                  
             (5th Cir. 1982).                                                         
                  On appeal, the Court of Appeals for the Ninth                       
             Circuit also rejected the taxpayer's challenge to the                    
             constitutionality of the alternative minimum tax imposed by              
             section 55.  Okin v. Commissioner, 808 F.2d at 1341-1342.                
             The Court of Appeals rejected the taxpayer's argument that,              
             as applied in his case, the alternative minimum tax                      
             constitutes a "taking of property without due process of                 
             law and without adequate compensation."  Id.  The court                  
             agreed that the effect of the alternative minimum tax was                
             to virtually nullify the taxpayer's tax savings under the                
             income averaging provisions but pointed out that that                    
             effect was consistent with congressional intent.  Id. at                 
             1341.  The court noted that "the due process clause                      
             ordinarily places no limits upon the congressional taxing                
             power."  Id. at 1341-1342; see A. Magnano Co. v. Hamilton,               
             292 U.S. 40, 44 (1934).  The court further rejected the                  
             taxpayer's contention that taking away the benefits of                   
             averaging through the application of the alternative                     
             minimum tax is discriminatory.  According to the court, in               
             enacting the alternative minimum tax, Congress intended "to              
             remedy general taxpayer distrust of the system growing from              
             large numbers of taxpayers with large incomes who were yet               






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