- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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