- 9 - will uphold classifications in tax legislation if they have any rational basis--unless they impinge a fundamental right or use a suspect classification. See Hamilton v. Commissioner, 68 T.C. 603, 606 (1977). If this case featured one of those classifica- tions, it would trigger a different kind of scrutiny. As the Supreme Court noted in Regan, “The case would be different if Congress were to discriminate invidiously in its subsidies in such a way as to aim at the suppression of dangerous ideas” (internal citations omitted). 461 U.S. at 548. See also Hooper v. Bernalillo County Assessor, 472 U.S. 612, 623 (1985) (greater scrutiny may be required when tax distinctions are made on the basis of durational residence requirements). Petitioner does not argue that Congress was impinging on any fundamental right or making any suspect classification, but only that new section 6404(e)'s effective date lacks any rational basis. And although petitioner’s is the first challenge to the constitutionality of this particular part of the Code, history shows that few “rational basis” challenges succeed--the deference courts pay to legislatures when reviewing any statute for a rational basis being a “paradigm of judicial restraint,” Beach Communications, 508 U.S. at 314. While there are even tax laws struck down under rational basis review, e.g., Allegheny Pittsburgh Coal Co. v. County Commn. of Webster County, 488 U.S.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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