Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Smart v. United States

May 12, 1964

JESSICA M. SMART, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.



Before KAUFMAN and HAYS, Circuit Judges, and BARTELS, District Judge*fn* .

Per Curiam.

We do not believe that the 1960 amendments to the Social Security Laws worked an arbitrary or unconstitutional classification by labelling the plaintiff as "self-employed." The question in cases of this sort is whether the legislative classification has a rational basis. See Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 509, 57 S. Ct. 868, 81 L. Ed. 1245 (1937). Since Congress could not tax the international organization which employed the plaintiff, its decision that it would not do so was hardly irrational, and its treatment of the plaintiff as if "self-employed" was not unreasonable.

We affirm in open court Judge Dawson's award of judgment on the pleadings. 222 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.