Paul J. Pekar - Page 6




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          foreign tax credit cannot offset more than 90 percent of the                
          tentative minimum tax figured.  See id.  Petitioner's allowable             
          foreign tax credit is 90 percent of $38,927, or $35,034.                    
          Therefore, his AMT, the tentative minimum tax minus the foreign             
          tax credit, is $3,893.  Because he had no regular tax due, he               
          owes $3,893.4                                                               
          Application of the Treaties                                                 
               In his challenge of the deficiency determined by respondent,           
          petitioner does not question respondent's calculation of the AMT.           
          Instead, he labels as "unfair" the AMT as applied to American               
          citizens like himself who live permanently outside the United               
          States.  At trial, petitioner referenced the double taxation                
          protection given to expatriates by our tax treaties with the                
          United Kingdom and Germany.  See Convention for the Avoidance of            
          Double Taxation, and Three Protocols, Dec. 31, 1975-Mar. 15,                



               3(...continued)                                                        
               U.S. taxpayers with substantial economic incomes.”                     
               [Lindsey v. Commissioner, 98 T.C. 672, 675 (1992)                      
               (quoting S. Rept. 99-313, at 520 (1986), 1986-3 C.B.                   
               (Vol. 3), 1, 520), affd. without published opinion 15                  
               F.3d 1160 (D.C. Cir. 1994); some emphasis added.]                      

               4 Petitioner reported $42,991 of regular tax and claimed an            
          equal amount of foreign tax credit unreduced by the AMT                     
          limitations.  The amount of the limitation on the credit is based           
          on the AMT and not on the $42,991 of tax reported by petitioner             
          before he claimed the credit.  Respondent's computation of the              
          amount of the AMT, limitations on the foreign tax credit, and the           
          resulting AMT liability are set forth in the appendix.                      




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