- 25 - 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 yetPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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