From Casetext: Smarter Legal Research

Wexler v. Commissioner of Internal Revenue

United States Court of Appeals, Sixth Circuit
Dec 3, 1974
507 F.2d 843 (6th Cir. 1974)

Opinion

No. 74-1828.

December 3, 1974.

Jan J. Wexler, pro se.

Meade Whitaker, Chief Counsel, I.R.S., Washington, D.C., Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Acting Chief, Gary R. Allen, Stephen M. Gelber, App. Section, Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Appeal from the United States Tax Court; Simpson, Judge.

Before EDWARDS, MILLER and ENGEL, Circuit Judges.


This appeal is before a panel by this Court designated pursuant to Rule 3(e), Rules of the Sixth Circuit.

Appellant, a resident of Michigan, appeals from an order of the Tax Court denying his refund claim for portions of his income taxes for the years 1971 and 1972. The issue involved is whether taxpayer was entitled to claim as defendants for those years, his father and stepmother who were, at all relevant times, residents of either Romania or Israel. They were never citizens or nationals of the United States. The Tax Court denied the refund claims under Section 152(b)(3) of the Internal Revenue Code of 1954 which excludes from the definition of "dependents" any persons who are not citizens or nationals of the United States.

The taxpayer challenges the constitutionality of this section on two grounds: 1) that it is a denial of the equal protection of the law; and 2) that it is unreasonable and arbitrary in excluding from the definition of "dependents" persons who are not citizens or nationals of the United States.

Upon consideration of the contentions of the taxpayer, we find that they are so unsubstantial as to need no further argument.

Accordingly, the taxpayer's appeal is hereby dismissed and the judgment of the Tax Court is affirmed. See Rule 8, Rules of the Sixth Circuit and Labay v. C.I.R., 55 T.C. 6 (1970), aff'd on other grounds, 450 F.2d 280 (5th Cir. 1971); C.I.R. v. Anderson, 371 F.2d 59 (6th Cir. 1966).


Summaries of

Wexler v. Commissioner of Internal Revenue

United States Court of Appeals, Sixth Circuit
Dec 3, 1974
507 F.2d 843 (6th Cir. 1974)
Case details for

Wexler v. Commissioner of Internal Revenue

Case Details

Full title:JAN J. WEXLER, PETITIONER-APPELLANT, v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Court of Appeals, Sixth Circuit

Date published: Dec 3, 1974

Citations

507 F.2d 843 (6th Cir. 1974)

Citing Cases

Habeeb v. C. I. R

Appellants' contention that Section 152(b)(3) violates their right to equal protection is unsubstantiated.…

Ensminger v. C. I. R

Similarly, the Internal Revenue Code has withstood due process challenges which asserted that the code unduly…