Rolly J. and Joann M. Sorrentino - Page 6




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          on petitioners' Form 1040, and this excess constitutes the AMT              
          determined in the notice of deficiency.                                     
               At trial, Rolly J. Sorrentino (petitioner) contended that              
          line 24 of the form is ambiguous as well as the instructions for            
          calculation of the amounts for that line.                                   
               The Court disagrees with petitioner.  Section                          
          55(b)(1)(A)(i)(I) and (II) provides, in pertinent part, that the            
          amount of the AMT in the case of noncorporate taxpayers is the              
          sum of:                                                                     

                    (I) 26 percent of so much of the taxable excess as does           
               not exceed $175,000, plus                                              
                    (II) 28 percent of so much of the taxable excess as               
               exceeds $175,000.                                                      

          Since petitioners' taxable excess was $24,811, which is                     
          considerably less than $175,000, the directions for line 24 of              
          the form in clear terms stated that petitioners' entry on line 24           
          should have been 26 percent of $24,811, and the $3,500 to be                
          subtracted from the resulting calculation only applied if                   
          petitioners' taxable excess had been $175,000 or more.  The Court           
          finds no ambiguity as to this entry or the basis upon which the             
          computation was to be made as directed on line 24 of the form.              
          Petitioners, therefore, erred in making their computation for the           
          entry on line 24.                                                           







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