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SMART v. UNITED STATES

No. 470, Docket 28757.

332 F.2d 283 (1964)

Jessica M. SMART, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 12, 1964.

Attorney(s) appearing for the Case

Shephard Kole, New York City, for plaintiff-appellant.

Robert Arum, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., on the brief), for defendant-appellee.

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

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...

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