- 5 - Adjusted gross income is calculated by deducting from gross income, inter alia, trade or business expenses "if such trade or business does not consist of the performance of services by the taxpayer as an employee." Sec. 62(a)(1). Congress decided that allowance of these deductions "above the line" is necessary to make as nearly equivalent as practicable the concept of adjusted gross income, when that concept is applied to different types of taxpayers deriving their income from varying sources. Such equivalence is necessary for equitable application of a mechanical tax table or a standard deduction which does not depend upon the source of income. * * * [S. Rept. 885, supra, 1944 C.B. at 877-878.] The Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, limited the deductibility of miscellaneous itemized deductions, allowing their deduction only in excess of 2 percent of adjusted gross income. See sec. 67. In Lickiss v. Commissioner, T.C. Memo. 1994-103, we held that section 67 did not create an unconstitutional distinction vis-a-vis the expenses of employees and of self-employed individuals. We noted that Congress imposed the limitation to simplify the enforcement and administrative aspects of the tax law as well as to ease the recordkeeping burdens on taxpayers. In creating the AMT, Congress sought to correct the "unfair distribution of tax burden resulting from abuses by individuals who escaped taxation on certain portions of their income because of provisions in the tax laws." Graff v. Commissioner, 74 T.C. 743, 767 (1980), affd. per curiam 673 F.2d 784 (5th Cir. 1982).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011