- 18 - $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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011