Charles Durham - Page 7

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          that date, unfairly discriminated between two classes of                    
          similarly situated taxpayers.                                               
               He asks us to imagine two taxpayers, A and B.  A has a                 
          deficiency for the 1996 tax year, and B has one for the 1997 tax            
          year.  A and B are dealing with the same IRS agent, who while               
          handling their cases is sent for a prolonged bout of training               
          (clearly a managerial act) that causes unreasonable delays in the           
          resolution of both cases.  If the effective date of new section             
          6404(e) is constitutional, however, only B would be allowed an              
          interest abatement, despite A and B’s both being in apparently              
          identical predicaments.  Petitioner contends that no justifica-             
          tion exists for this disparate treatment.                                   
               Petitioner faces daunting odds, though, because such fine              
          distinctions are common in the law, and particularly common in              
          tax law.  Courts have long held that “[l]egislatures have                   
          especially broad latitude in creating classifications and                   
          distinctions in tax statutes.”  Regan v. Taxation With                      
          Representation of Wash., 461 U.S. 540, 547 (1983).  And the                 
          burden is on the taxpayer to negate “every conceivable basis                
          which might support it.”  Id. at 547-548.                                   
               This judicial deference flows from a recognition that--as a            
          practical matter--Congress will often have to draw distinctions             
          between different taxpayers who seem in some ways to be in                  








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