Paul J. Pekar - Page 13




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          Constitutionality of AMT                                                    
               Petitioner cryptically questioned the constitutionality of             
          the AMT provisions.6  Petitioner did not specify how the AMT is             
          unconstitutional beyond saying that nonresident Americans are               
          treated differently from resident American citizens.  We have               
          already determined that the AMT Code sections and, specifically,            
          the foreign tax credit limitation of section 59, are                        
          constitutional.  See Keese v. Commissioner, T.C. Memo. 1995-417             
          (finding the AMT Code sections, including the foreign tax credit            
          limitation, constitutional); Estate of Kearns v. Commissioner, 73           
          T.C. 1223 (1980); Buttke v. Commissioner, 72 T.C. 677 (1979),               
          affd. per curiam 625 F.2d 202 (8th Cir. 1980); Kolom v.                     
          Commissioner, 71 T.C. 235 (1978), affd. 644 F.2d 1282 (9th Cir.             
          1981).                                                                      
               In another attempt to avoid the AMT, petitioner also                   
          characterized it as an unconstitutional poll tax.  A poll tax is            
          a tax of a given amount, levied upon every person in a                      
          jurisdiction's taxing power, without reference to the person's              
          property, income, or ability to pay.  Black's Law Dictionary 1159           


               6 Petitioner chose not to explain his position on the                  
          question of constitutionality.  He reasoned that it would be more           
          appropriate to present his views to the Court of Appeals.  We               
          find this curious because the Court of Appeals to which                     
          petitioner would likely proceed has already affirmed our holdings           
          on similar issues.  See Lindsey v. Commissioner, 15 F.3d 1160               
          (D.C. Cir. 1994).                                                           




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