David Gerald Lockmiller - Page 10

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               not depend on the type of claim made. [H. Rept. 104-                   
               586, at 143 (1996), 1996-3 C.B. 331, 481.]                             
               The distinction made by section 104(a)(2) between personal             
          physical injury or sickness and nonphysical personal injury or              
          sickness is rationally related to the objectives articulated in             
          that section’s legislative history, as quoted above.  See also              
          H. Conf. Rept. 104-737, at 300 (1996), 1996-3 C.B. 741, 1040.               
          Consequently, section 104(a)(2), as amended in 1996, is                     
          constitutional.                                                             
               Finally, we observe that the Court of Appeals for the Sixth            
          Circuit has recently upheld section 104(a)(2), as amended in                
          1996, from constitutional attack on equal protection grounds.               
          Young v. United States, 332 F.3d 893 (6th Cir. 2003).  In that              
          case, the Court of Appeals concluded as follows:                            
               The legislature has particularly broad discretion in                   
               creating distinctions in tax statutes * * * and “is not                
               bound to tax every member of a class or none.  It may                  
               make distinctions of degree having a rational basis,                   
               and when subjected to judicial scrutiny they must be                   
               presumed to rest on that basis if there is any                         
               conceivable state of facts which would support it.”                    
               Carmichael v. Southern Coal & Coke Co., 301 U.S. 495,                  
               509 (1937) (citations omitted).  “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, 88 (1940).                            
                    In this case, the plaintiff is simply unable to                   
               overcome this difficult burden.  As the district court                 
               noted in dismissing his complaint, Congress sought to                  
               establish a uniform policy regarding taxation of                       
               damages awards and to reduce the amount of litigation                  
               regarding whether damage awards were taxable. * * * The                
               distinction between physical and non-physical injury is                
               rationally related to these articulated government                     





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