Paul J. Pekar - Page 14




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          (6th ed. 1990).  The AMT does not meet this definition.  It is an           
          income tax and is necessarily dependent on the amount of income             
          the taxpayer receives.  Moreover, by definition it is applicable            
          only to certain taxpayers.  Petitioner's characterization of the            
          AMT as a poll tax is without substance.                                     
               Accordingly, respondent's determination of a $3,893 income             
          tax deficiency attributable to the AMT for petitioner's 1995                
          taxable year is sustained.                                                  
          Negligence Penalty                                                          
               Petitioner attempts to justify his decision not to report or           
          pay the AMT for 1995 on the ground that he had consistently acted           
          in the same manner and had been the subject of only one audit by            
          the Commissioner, where ultimately he agreed that he owed the               
          AMT.                                                                        
               Because the IRS has not pursued this issue in every prior              
          year, petitioner contends that the penalty should not apply                 
          because a full foreign tax credit had been allowed, and because             
          petitioner was merely continuing an accepted practice.  He argues           
          that the Commissioner's failure to make adjustments in all but              
          one of petitioner's prior years means that his failure to report            
          the AMT has been tacitly sanctioned.                                        
               Petitioner's argument must fail because each taxable year              
          stands on its own and must be separately considered.  See United            
          States v. Skelly Oil Co., 394 U.S. 678, 684 (1969).  Respondent             





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