James A. and Nancy B. Wiese - Page 13

                                       - 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, as                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011