Ronald M. Brooke - Page 3




                                        - 3 -                                         
          the alternative minimum tax net operating loss deduction.                   
          Petitioner claimed on his U.S. income tax return that the foreign           
          tax credit and net operating loss deduction completely offset any           
          U.S. tax liability he may have had for 1992.                                
               Petitioner’s 1992 Federal income tax return was received by            
          respondent on April 15, 1996.  Respondent later reviewed                    
          petitioner’s 1992 return and determined that petitioner had                 
          negligently failed to report that he owed the AMT.  Respondent              
          determined that petitioner owed $12,186 in income tax after the             
          correct foreign tax credit was applied and a negligence penalty             
          of $2,437.20 for failing to report and pay his AMT.  Respondent             
          also determined that petitioner owed a late-filing addition of              
          $3,046.50 because his return was received after the required date           
          for foreign returns.                                                        
                                       OPINION                                        
               Nonresident U.S. citizens, such as petitioner, are required            
          to file Federal income tax returns by a date certain and report             
          all worldwide income.  See sec. 6012; sec. 1.6012-1(a)(1)(i),               
          Income Tax Regs.  If the nonresident citizen pays income tax to             
          foreign jurisdictions, that citizen is entitled to claim a                  
          foreign tax credit.  See secs. 27(a), 901.  Petitioner received             
          U.S.-source income, in the form of dividends and interest, and              
          German-source income, in the form of a salary from his company              
          based in Germany.  He reported all sources of income on his                 






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011