- 11 - (i) for any miscellaneous itemized deduction (as defined in section 67(b)) * * * [Emphasis added.] Thus, since we have already concluded that the legal expenses at issue are miscellaneous itemized deductions within the meaning of section 67(b), it follows that they are not allowed for purposes of computing petitioners' AMT liability. Alexander v. Commissioner, supra; sec. 56(b)(1)(A)(i); sec. 1.67- 1T(a)(1)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 9875 (Mar. 28, 1988). Petitioners acknowledge that section 56(b)(1)(A)(i) expressly disallows miscellaneous itemized deductions for purposes of computing AMT. However, petitioners alternatively assert that the application of the AMT in the instant cases unfairly creates "a circumstance of double taxation", inasmuch as petitioners and attorney Howard must pay tax on the same amount recovered from the defendants. Petitioners' argument on this score is unavailing. See, e.g., Alexander v. Commissioner, supra at 947 ("It is well established that equitable arguments cannot overcome the plain meaning of the statute."). We hold that petitioners' legal expenses are miscellaneous itemized deductions subject to disallowance pursuant to section 56(b)(1)(A)(i) for purposes of computing petitioners' AMT liability for their 1992 taxable years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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