- 12 - See also sec. 7442; Paxman v. Commissioner, 50 T.C. 567, 576-577 (1968) (the Tax Court is not a court of equity; “The power to legislate is exclusively the power of Congress and not of this Court or any other court.”), affd. 414 F.2d 265 (10th Cir. 1969); Lorain Ave. Clinic v. Commissioner, 31 T.C. 141, 164 (1958) (“this Court does not have the powers of a court of equity * * *; it has only the powers which have been expressly conferred by the Congress.”). Absent some constitutional defect, we are constrained to apply the law as written, see Estate of Cowser v. Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80 T.C. 783 (1983), and we may not rewrite the law because we may “deem its effects susceptible of improvement”, see Commissioner v. Lundy, 516 U.S. 235, 252 (1996) (quoting Badaracco v. Commissioner, 464 U.S. 386, 398 (1984)). Accordingly, petitioners’ appeal for relief must, in this instance, be addressed to their elected representatives. “The proper place for a consideration of petitioner’s complaint is the halls of Congress, not here.” Hays Corp. v. Commissioner, 40 T.C. 436, 443 (1963), affd. 331 F.2d 422 (7th Cir. 1964). Conclusion Petitioners impress us as conscientious taxpayers who take their tax responsibilities seriously and follow the rules. Unfortunately for them, we are constrained by the law, asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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