David M. Marx - Page 10




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          recompute the itemized deductions actually claimed as if the                
          section 68 limitation did not apply.                                        
               Nowhere in section 56(b) is there a provision that allows              
          the taxpayer to make AMTI adjustments for itemized deductions               
          when the taxpayer claimed the standard deduction in computing               
          regular taxable income.  Nor does section 56(b) specifically                
          allow the taxpayer to limit his AMT liability by choosing between           
          the AMTI adjustments for the standard deduction or itemized                 
          deductions for AMT purposes when the taxpayer claimed the                   
          standard deduction for regular tax purposes.  The Code simply               
          does not allow the taxpayer to pick and choose which section                
          56(b) adjustments apply in an attempt to get favorable AMT                  
          treatment.  Once the taxpayer either elects to itemize deductions           
          or claims the standard deduction for regular tax purposes, the              
          taxpayer must make section 56(b) adjustments that directly                  
          correspond to the deductions claimed for regular tax purposes.              
               Specifically addressing petitioner’s argument, section                 
          56(b)(1)(F) provides only that the section 68 limitation on                 
          itemized deductions shall not apply when computing AMTI.  This              
          provision by its terms does not apply to itemized deductions that           
          would have been limited by section 68 had the taxpayer not                  
          claimed the standard deduction instead.  Rather, section                    
          56(b)(1)(F) simply provides that section 68 shall not apply, so             
          that a taxpayer who elected to itemize deductions for regular tax           






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Last modified: May 25, 2011