Ivor F. and Debra A. Benci-Woodward, et al. - Page 11

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                              (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.                                     







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