- 6 - income from activities as a performing artist”. We assume that Congress intends a different meaning when it uses different language. United States v. Gonzales, 520 U.S. 1, 5 (1997); Iraola & CIA, S.A. v. Kimberly-Clark Corp., 232 F.3d 854, 859 (11th Cir. 2000); Francisco v. Commissioner, 119 T.C. 317, 323 (2002), affd. 370 F.3d 1228 (D.C. Cir. 2004). Petitioner contends that respondent is estopped from contending that petitioner is not a qualified performing artist for 2000 because respondent determined that petitioner was a qualified performing artist in 1999. We disagree. The Commissioner is not bound in any year to allow a deduction permitted for another year. See Lerch v. Commissioner, 877 F.2d 624, 627 n.6 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Hawkins v. Commissioner, 713 F.2d 347, 351-352 (8th Cir. 1983), affg. T.C. Memo. 1982-451. For purposes of section 62(b)(1)(C), adjusted gross income means a taxpayer’s adjusted gross income from all sources. Petitioner’s adjusted gross income exceeded $16,000 in 2000. Thus, petitioner was not a qualified performing artist under section 62(b)(1) and may not deduct from gross income his employee business expenses incurred as a performing artist. B. Whether Application of Section 62(b)(1) Violates Petitioner’s Constitutional Rights of Due Process Petitioner argues that the $16,000 ceiling in section 62(b)(1) unconstitutionally discriminates against performingPage: Previous 1 2 3 4 5 6 7 8 9 Next
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