Ronald M. Brooke - Page 4




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          Federal income tax return and calculated the appropriate tax.  He           
          then claimed a credit for the German income tax he had paid                 
          against the income tax he owed to the United States, thereby                
          reducing his Federal income tax liability to zero.  He did not              
          report any liability for the section 55 AMT.                                
               Section 55(a) imposes an AMT on noncorporate taxpayers equal           
          to the excess of the “tentative minimum tax” over the “regular              
          tax”2 for the taxable year.  That excess amount is paid in                  
          addition to any regular tax owed.  The AMT prevents a taxpayer              
          with substantial income from avoiding significant tax liability             
          through the use of exemptions, deductions, and credits.  See                
          Urbanek v. United States, 866 F. Supp. 1414 (S.D. Fla. 1994),               
          affd. per curiam 71 F.3d 855 (11th Cir. 1996); S. Rept. 99-313,             
          at 518 (1986), 1986-3 C.B. (Vol. 3) 1, 518.                                 
               Noncorporate taxpayers may reduce their tentative minimum              
          tax by the foreign tax credit.  See sec. 55(b)(1)(A).  However,             
          that foreign tax credit is limited by section 59(a)(2)(A).  The             
          foreign tax credit cannot offset more than 90 percent of the                
          tentative minimum tax figured.  See id.  The parties agree that             
          petitioner’s tentative minimum tax is $121,863.  Ninety percent             
          of $121,863 is $109,676.  Therefore, petitioner’s AMT, the                  


               2 The term “regular tax” means “the regular tax liability              
          for the taxable year (as defined in section 26(b)) reduced by the           
          foreign tax credit allowable under section 27(a)”.  Sec.                    
          55(c)(1).                                                                   





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