- 5 - the year of sale, gain realized from the sale or exchange of property. Section 453, however, provides an exception to this rule. Estate of Silverman v. Commissioner, 98 T.C. 54, 62 (1992). Specifically, section 453 permits a taxpayer to report income from an "installment sale" under the "installment method." Sec. 453(a). Under the "installment method", a proportionate amount of income is recognized in the year when a payment is received. Sec 453(c). Respondent concedes that, under the installment method, petitioners properly reported income from the contracts in 1992, the year they received payment. The dispute between petitioners and respondent, however, centers on the proper application of the AMT. Section 55(a) imposes an alternative minimum tax in an amount equal to the excess of the "tentative minimum tax" over the "regular tax". The “tentative minimum tax” is computed based on a taxpayer's “alternative minimum taxable income”. To determine AMTI, taxable income is adjusted as provided by sections 56 and 58. After adjusting taxable income, as provided in sections 56 and 58, the redetermined amount is increased by the “items of tax preference”, as set out in section 57. The resulting amount constitutes a taxpayer's AMTI. The AMTI in excess of an exemption amount is multiplied by 24 percent to determine the tentative minimum tax.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011