- 5 - tentative minimum tax minus the foreign tax credit, is $12,186. Because he had no additional regular tax due, petitioner would owe $12,186 for 1992. In his challenge of the deficiency determined by respondent, petitioner does not question respondent’s calculation of the AMT. Instead, he contends that the AMT violates the double tax prohibition found in the U.S.-Germany tax treaty. See Convention for the Avoidance of Double Taxation, Aug. 29, 1989, U.S.- Germany, art. 23, 30 I.L.M. 1778, 1779 (the U.S.-Germany treaty). This was the same argument made in Pekar v. Commissioner, 113 T.C. 158 (1999). In that case, we found that the treaty provision had been written to allow for the preexisting alternative minimum tax provision in section 59. See id. at 163- 164. The treaty provision, which was written 5 years after section 59 was enacted, states that the double taxation prohibition is “‘subject to the limitations of the law of the United States.’” Id. at 163 (quoting the U.S.-Germany treaty, art. 23(1)). Because the treaty provision may be read in harmony with the AMT provision, petitioner is not excused from liability for the AMT. Petitioner also disputes respondent’s determination that a section 6662(a) negligence penalty should be applied. Petitioner contends that he should not be subject to the section 6662(a) negligence penalty because he relied on the advice of a JudgePage: Previous 1 2 3 4 5 6 7 8 Next
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