- 6 - Petitioner reads the flush language following section 55(b)(2)(B) to mean that no adjustments provided by section 56 may be made to his taxable income to determine AMTI. The flush language states that if a taxpayer is subject to the regular tax, he is subject to the AMT, and if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as taxable income for AMT purposes. Petitioner argues that the flush language means that the AMT tax rate can only be applied to his regular taxable income. Petitioner misunderstands the operation of the AMT. It is a tax not on taxable income but on "alternative minimum taxable income" in excess of the exemption amount. Sec. 55(b)(1); Ellison v. Commissioner, T.C. Memo. 1995-427 (AMTI of individuals includes taxable income plus State and local taxes, personal exemptions, and miscellaneous itemized deductions). And to determine AMTI the statute requires the taxpayer to make adjustments to taxable income to compute alternative minimum taxable income. Sec. 55(b)(2)(A) and (B); Holly v. Commissioner, T.C. Memo. 1998-55 (AMTI included taxable income plus personal exemption, miscellaneous deductions, and State taxes); Ellison v. Commissioner, supra. Petitioner's taxable income for 1999 was $8,134.05, the amount reported on line 39 of Form 1040. As relevant herein, the adjustments required by section 55(b)(2) as provided in sectionPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011