- 10 - resided in the same house with his wife during this time. We conclude that for purposes of section 86(c)(1)(C)(ii) petitioner did not live apart from his spouse at all times during the taxable year. Accordingly, his “base amount” for 1998 was zero. B. Constitutionality Petitioner’s final argument is leveled at the constitutionality of section 86. In essence, petitioner questions the fairness of section 86. In San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 41 (1973), the U.S. Supreme Court noted 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.” We have repeatedly held that section 86 does not suffer any constitutional infirmities. Thomas v. Commissioner, T.C. Memo. 2001-120; 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). Accordingly, we deny petitioner’s constitutional claim. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10
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