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including the asserted constitutional distinction between a
“capital loss” and “a deductible expense item.”
Our analysis has dealt with the tax imposed by section 1.
The same analysis applies to the section 55 alternative minimum
tax, which is part of the 2003 determined deficiency, and which
was not separately argued by the parties.
Petitioners do not contend that the $3,000 limitation of
section 1211(b) is unconstitutional for any other reason,
including constitutional guarantees of due process and equal
protection. We do not decide theoretically possible
constitutional questions unless they are properly presented and
must be resolved in order to decide the case before us. Kessler
v. Commissioner, 87 T.C. 1285, 1293-1294 (1986) (and cases there
cited), affd. without published opinion. 838 F.2d 1215 (6th Cir.
1988).
In light of the foregoing,
Decisions will be entered
for respondent.
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