- 4 - determination of a $252 alternative minimum tax. Petitioners do not contest the mathematical correctness of respondent’s computations. Discussion 1. The Parties’ Contentions Respondent maintains that the Sixteenth Amendment to the United States Constitution “permits Congress to impose ‘taxes on incomes, from whatever source derived’.” Further, “Congress, within its sole discretion, may determine the extent to which, if at all, taxpayers may claim deductions from income they are required to report.” Finally, respondent contends-- Petitioners have not shown, however, as they must, that sections 165(f) and 1211(b) violate constitutional guarantees of due process and equal protection or breach the authority granted to the Congress pursuant to the Sixteenth Amendment to the Constitution. Petitioners respond that respondent’s references to deductions miss the point that “a capital loss is an income item. A capital loss is not a deductible expense item.” By disallowing that part of the loss that exceeds $3,000, petitioners contend, respondent is taxing petitioners on “income that does not exist. Petitioners believe that Section 1211(b) violates the power granted Congress in the Sixteenth Amendment, and if the Court agrees, it should rule accordingly.” 2. Summary and Conclusion The Constitution does not require all income items to bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011