Paul J. Pekar - Page 15




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          is not bound in any given year to allow the same treatment                  
          permitted in a previous year.  See Lerch v. Commissioner, 877               
          F.2d 624, 627 n.6 (7th Cir. 1989);  Knights of Columbus Council             
          No. 3660 v. United States, 783 F.2d 69 (7th Cir. 1986); Corrigan            
          v. Commissioner, 155 F.2d 164 (6th Cir. 1946).  Taxpayers have no           
          right to continue a prior tax treatment that was wrong either on            
          the law or under the facts.  See Thomas v. Commissioner, 92 T.C.            
          206, 226-227 (1989).  "The mere fact that petitioner may have               
          obtained a windfall in prior years does not entitle [him] * * *             
          to like treatment for the taxable year here in issue."  Union               
          Equity Coop. Exch. v. Commissioner, 58 T.C. 397, 408 (1972),                
          affd. 481 F.2d 812 (10th Cir. 1973); see also Schaeffer v.                  
          Commissioner, T.C. Memo. 1994-227.                                          
               Petitioner also claims that the language on his tax forms              
          did not clearly indicate to him that he should perform the                  
          computation to determine whether he would owe the AMT because the           
          forms said only that a taxpayer "may" owe tax because of the AMT.           
          We do not accept petitioner's forced interpretation of "may" as             
          mitigation to respondent's negligence determination in this                 
          setting.                                                                    
               We find most persuasive the fact that petitioner had been              
          audited and agreed that he owed the AMT for 1991.  That                     
          concession occurred before petitioner's 1995 return filing.                 
          Petitioner also admitted that he had received training on the AMT           





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