- 5 - provided in sections 56 and 58 are taken into account for AMTI, and the tax preference items set forth in section 57 are not permitted to reduce AMTI. Sec. 55(b)(2). To determine the taxable amount of AMTI, the AMTI is reduced by an exemption amount, which in this case is $33,750, subject to a gradual phase-out of the exemption amount as AMTI exceeds $112,500. Sec. 55(d)(1), (3). The AMT rate is then applied to AMTI, as reduced by the exemption amount. Sec. 55(b). For the taxable year at issue in this case, the applicable AMT rate is 26 percent. The figure resulting from the application of the AMT rate to the AMTI is the tentative minimum tax (TMT). Next, the regular income tax is compared to TMT. If TMT is greater than the regular income tax, the TMT is the final tax liability for the taxable year. Sec. 55(a). In petitioner's case,2 the regular income tax is $1,219, the amount petitioner reported on lines 40 and 49 of his Form 1040. Pursuant to section 55(a), the AMT is the difference between the tentative minimum tax and the regular tax. The TMT is 26 percent of the excess of petitioner's AMTI over his exemption amount of $33,750. See sec. 55(b)(1)(A)(i)(I). As petitioner had no items of tax preference in 1997, AMTI here means petitioner's taxable income determined with the adjustments provided in section 56. 2There are no factual issues in dispute that are relevant to ascertaining the tax liability of petitioner in this case and the Court therefore finds sec. 7491(a) to be inapplicable.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011