- 4 - 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).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011