Sigitas J. Banaitis - Page 18




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          $8,728,559.4  Petitioner claims that, as this is such a small               
          percentage of the total settlement, the application of the                  
          alternative minimum tax is unconstitutional.                                
               However, the Court of Appeals for the Ninth Circuit, to                
          which petitioner’s case is appealable, has spoken on this                   
          subject.  In Okin v. Commissioner, 808 F.2d 1338, 1342 (9th Cir.            
          1987), affg. T.C. Memo. 1985-199, the Ninth Circuit stated that             
          the Due Process Clause does not limit the congressional power to            
          tax.  Moreover, the Court specifically stated that the                      
          “alternative minimum tax is a rational means of * * * tax, and *            
          * * is constitutional.”  See also Sinyard v. Commissioner, supra            
          at 760.                                                                     
               To the extent not herein discussed, we have considered all             
          other arguments made by the parties and find them to be moot or             
          without merit.                                                              
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               








               4 We find it curious that petitioner claims his recovery was           
          $8,728,559 for purposes of making his constitutional argument               
          while he claims his recovery was only $4,864,547 for other                  
          arguments in his brief.                                                     





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