- 7 - artists who earn more than $16,000 annually. Petitioner cites Salt River Pima-Maricopa Indian Cmty. v. Yavapai County, 50 F.3d 739 (9th Cir. 1995), for the proposition that a tax is discriminatory if it is not imposed equally upon similarly situated groups, and contends that respondent’s reading of “adjusted gross income” improperly discriminates between performing artists whose performing artist income does not exceed $16,000 and performing artists whose performing artist income does not exceed $16,000 but whose total income from all sources exceeds $16,000. Petitioner also argues that the Internal Revenue Code unconstitutionally favors elementary and secondary school teachers, who may deduct employee business expenses up to $250 from their gross income regardless of the amount of income they earn, over artists. See sec. 62(a)(2)(D), (d). We disagree with these arguments. A tax statute which provides different treatment for different classes of persons generally does not violate the Fifth Amendment if it has a rational basis. Regan v. Taxation with Representation, 461 U.S. 540, 547 (1983); United States v. Md. Sav.-Share Ins. Corp., 400 U.S. 4, 6 (1970); Barclay & Co. v. Edwards, 267 U.S. 442, 450 (1925); Durham v. Commissioner, T.C. Memo. 2004-125. Legislatures have particularly broad latitude in creating classifications and distinctions in tax statutes. Regan v. Taxation with Representation, supra; Carmichael v. S. Coal &Page: Previous 1 2 3 4 5 6 7 8 9 Next
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