Jack and Janet Freeman - Page 24




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             Petitioners acknowledge that the constitutionality of the                
             alternative minimum tax was upheld in Okin v. Commissioner,              
             T.C. Memo. 1985-199, affd. 808 F.2d 1338 (9th Cir. 1987),                
             but they argue that their case "is totally different" from               
             Okin.  We disagree.                                                      
                  In Okin v. Commissioner, supra, the taxpayer's                      
             principal argument was that under a prior version of the                 
             alternative minimum tax, viz the Revenue Act of 1978, Pub.               
             L. 95-600, sec. 421, 92 Stat. 2763, 2871, alternative                    
             minimum taxable income should be computed using "average                 
             annual adjusted gross income", a concept taken from the                  
             income averaging provisions of sections 1301-1305.  We                   
             rejected the taxpayer's argument and pointed out that, in                
             defining alternative minimum taxable income, the statute                 
             used the words "gross income" and did not refer to the                   
             income averaging provisions or to any adjusted figure.                   
             Okin v. Commissioner, supra.  After trial, the taxpayer                  
             made a general argument, "not supported by any specific                  
             references to the Constitution or citations to precedent",               
             that section 55 is unconstitutional.  Id.  We rejected                   
             that argument on the basis of cases upholding the con-                   
             stitutionality of the so-called add-on minimum tax under                 
             former section 56.  See Wyly v. United States, 662 F.2d                  
             397, 403-406 (5th Cir. 1981); Graff v. Commissioner, 74                  






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