Robert M. and Pamela Price - Page 4




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             reported zero tax liability on her separate Canadian income              
             tax return.                                                              
                  Petitioners timely filed a joint U.S. income tax                    
             return for 1998 (U.S. return).  On their U.S. return,                    
             petitioners reported taxable income of $2,099,121 and                    
             precredit U.S. tax of $602,237.  Petitioners claimed a                   
             foreign tax credit of $750,387, based upon the taxes paid                
             by Mr. Price to Canada, and they reported total U.S. tax                 
             after this credit of zero.  Petitioners also reported                    
             alternative minimum tax of zero.                                         
                  Petitioners attached to their U.S. return a Form 6251,              
             Alternative Minimum Tax--Individuals.  On their Form 6251,               
             petitioners reported precredit tentative alternative                     
             minimum tax pursuant to section 55(b)(1)(A) of $501,999,                 
             an alternative minimum tax foreign tax credit of $451,799,               
             and alternative minimum tax of $50,200.  At the top of Form              
             6251 appear the handwritten words "Treaty Override see                   
             [Form] 8833".                                                            
                  Petitioners also attached to their U.S. return two                  
             Forms 8833, Treaty-Based Return Position Disclosure                      
             Under Section 6114 or 7701(b).  On one of the Forms 8833,                
             petitioners asserted that section 59 is overruled or                     
             modified by article XXIV of the U.S.-Canada treaty.  They                
             set forth the following explanation of their position:                   






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