David Gerald Lockmiller - Page 8

                                        - 7 -                                         
          stated:                                                                     
               Legislatures have especially broad latitude in creating                
               classifications and distinctions in tax statutes.  More                
               than forty years ago we addressed these comments to an                 
               equal protection challenge to tax legislation:                         
                           “The broad discretion as to classification                 
                    possessed by a legislature in the field of taxation has           
                    long been recognized. * * * The passage of time has               
                    only served to underscore the wisdom of that                      
                    recognition of the large area of discretion which is              
                    needed by a legislature in formulating sound tax                  
                    policies. * * * Since the members of a legislature                
                    necessarily enjoy a familiarity with local conditions             
                    which this Court cannot have, the presumption of                  
                    constitutionality can be overcome only by the most                
                    explicit demonstration that a classification is a                 
                    hostile and oppressive discrimination against                     
                    particular persons and classes.  The burden is on the             
                    one attacking the legislative arrangement to negative             
                    every conceivable basis which might support it.”                  
                    Madden v. Kentucky, 309 U.S. 83, 87-88 (1940);                    
                    (footnotes omitted).                                              
               Thus, Congress has broad authority to grant one class of               
          taxpayers deductions not available to another, as well as to                
          recognize differences between various kinds of business.  See               
          Brushaber v. Union Pac. R.R., supra at 24-25, and the provisions            
          held constitutional therein (for example, upholding the                     
          constitutionality of the corporate income tax, and observing that           
          “the due process clause of the 5th Amendment * * * [does not                
          limit a tax imposed on a class of taxpayers unless it] was so               
          wanting in basis for classification as to produce such a gross              
          and patent inequality as to inevitably lead to the same                     
          conclusion [i.e., an arbitrary confiscation of property].”); High           
          Plains Agric. Credit Corp. v. Commissioner, 63 T.C. 118, 127                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011