Will L. and Rachel A. Thomas - Page 6




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          as provided under section 105(e),6 "then anyone receiving Social            
          Security disability payments prior to retirement age of 65 from             
          the United States should also be excluded", and that "our                   
          Internal Revenue Code should apply equally to all citizens of the           
          United States and if not, it is a violation of the Equal                    
          Protection Clause of the United States Constitution."                       
               This Court noted in Drucker v. Commissioner, 77 T.C. 867,              
          872 (1981), affd. in part, revd. in part 697 F.2d 46 (2d Cir.               
          1982), that "No scheme of taxation, whether the tax is imposed on           
          property, income, or purchases of goods and services, has yet               
          been devised which is free of all discriminatory impact."                   
          Section 86 has been held not to suffer any constitutional                   
          infirmities.  See Clark v. Commissioner, T.C. Memo. 1998-280,               
          affd. without published opinion 187 F.3d 641 (8th Cir. 1999);               
          Roberts v. Commissioner, T.C. Memo. 1998-172, affd. without                 
          published opinion 182 F.3d 927 (9th Cir. 1999).  Petitioners'               
          constitutional claim, therefore, is denied.                                 


          Decision will be entered                                                    
          for respondent.                                                             





               6    However, such benefits generally are taxable if                   
          received from an employer-financed plan.                                    





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