Kevin Clare and Sarah Louise Moore - Page 5




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          Congress never intended the tax to apply to taxpayers “in [their]           
          situation.”                                                                 
               Petitioners could not point out, with specificity, any other           
          discrepancies in figures between themselves and respondent other            
          than their repeated references to the aforementioned telephone              
          conversation that they had with respondent’s agent.  Moreover,              
          petitioners admitted under cross-examination that they did, in              
          fact, agree to the alternative minimum tax reported on the                  
          computation that respondent’s Appeals Office calculated for them,           
          and that was stipulated and received into evidence in this case             
          as Exhibit 3-R.                                                             
               Finally, petitioner husband concluded his testimony at trial           
          with the following:  “I was willing, after seeing their                     
          computations, I was willing to admit that I probably did owe                
          alternative minimum tax even though the IRS didn’t do a good job            
          in proving that to me.  I proved it to myself essentially.”                 
               Based on petitioners’ admission, and our review of                     
          respondent’s computation, we hold that petitioners are subject to           
          the alternative minimum tax provided under section 55.                      
               As to petitioners’ argument that this Court should relieve             
          them of their tax obligations because “it would be unfair to                
          apply the alternative minimum tax to people like [them],” we                
          begin by addressing the event which triggered application of the            
          alternative minimum tax; in this case, the sale of petitioners’             







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