- 17 - preference items. Stated otherwise, the taxpayer in such a case theoretically could have avoided payment of the add-on minimum tax by simply not claiming the items of tax preference. First Chicago Corp. resolved this anomaly by holding that if a taxpayer did report such items, and they resulted in no immediate tax benefit, they would not increase the add-on minimum tax for that year. First Chicago Corp. v. Commissioner, 842 F.2d at 183. No such anomaly is present in cases involving the AMT. In contrast to the add-on minimum tax at issue in First Chicago Corp., a taxpayer cannot avoid AMT liability simply by failing to claim preferences. There is another important distinction between First Chicago Corp., which involved section 58(h), and the instant case. Whereas section 58(h) was mandatory even in the absence of implementing regulations, the application of section 59(g) lies at the discretion of the Secretary. See First Chicago Corp. v. Commissioner, 88 T.C. at 669, 676 n.11. Unlike our decision in First Chicago, where the Court reluctantly felt it necessary to do the Secretary's job, the discretionary nature of section 59(g) relieves us of that awkward responsibility. First Chicago Corp. v. Commissioner, 88 T.C. at 669, 671, 676-677. 4. Petitioners Received a Current Tax Benefit from Tax Preference Items Finally, if the Court were to sanction petitioners' computation of AMTI, petitioners' tax liabilities wouldPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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