Arthur O. & Wanda E. Trevino - Page 5




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          adjustment.  Because this adjustment would have increased                   
          alternative minimum taxable income and thereby increased AMT                
          liability, respondent’s determination in this regard is in                  
          petitioners’ favor.                                                         
               Second, petitioners dispute the reduced amount of foreign              
          tax credit which may be used in calculating the tentative minimum           
          tax.  They argue that they should not be required to pay Federal            
          income tax when the amount of income taxes paid to Puerto Rico is           
          greater than their regular (non-AMT) Federal tax liability.  We             
          have already found that respondent correctly calculated                     
          petitioners’ tax liability for the year in issue as required by             
          the Internal Revenue Code.  In particular, respondent correctly             
          applied the AMT foreign tax credit limitation of section                    
          59(a)(2)(A).  See generally Pekar v. Commissioner, 113 T.C. 158,            
          164-165 (1999) (noting the constitutionality of the foreign tax             
          credit limitation with respect to the AMT).  Again, petitioners’            
          dispute is essentially political as it is directed at the manner,           
          albeit an indirect manner, in which Congress has chosen to tax              
          United States citizens who reside in Puerto Rico.                           
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        for respondent.                               






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