Estate of Frank Armstrong, Jr., Deceased, Frank Armstrong III, Executor - Page 29




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               Even if we were to assume, however, for the sake of                    
          argument, that the statute might benefit married donors as the              
          estate posits, such differential treatment would not violate                
          constitutional requirements of equal protection.  In FCC v. Beach           
          Communications, Inc., 508 U.S. 307, 313-314 (1993), the Supreme             
          Court observed:                                                             
                    Whether embodied in the Fourteenth Amendment or                   
               inferred from the Fifth, equal protection is not a                     
               license for courts to judge the wisdom, fairness, or                   
               logic of legislative choices.  In areas of social and                  
               economic policy, a statutory classification that                       
               neither proceeds along suspect lines nor infringes                     
               fundamental constitutional rights must be upheld                       
               against equal protection challenge if there is any                     
               reasonably conceivable state of facts that could                       
               provide a rational basis for the classification.  Where                
               there are “plausible reasons” for Congress’ action,                    
               “our inquiry is at an end.”  This standard of review is                
               a paradigm of judicial restraint. * * * [Citations                     
               omitted.]                                                              
          See also Regan v. Taxation with Representation, 461 U.S. 540, 547           
          (1983) (statutory classifications are generally valid “if they              
          bear a rational relation to a legitimate governmental purpose”);            
          Peterson Marital Trust v. Commissioner, 102 T.C. 790, 808-811               
          (1994) (imposition of generation-skipping transfer tax does not             
          violate equal protection), affd. 78 F.3d 795 (2d Cir. 1996).                
               The statutory provisions at issue here do not proceed along            
          suspect lines or infringe upon the right to make marital                    
          decisions or any other fundamental constitutional right.  Cf.               
          Zablocki v. Redhail, 434 U.S. 374, 383, 386 (1978) (although the            
          right to marry is “of fundamental importance”, the State may                





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