Aaron Douglas Law - Page 4

                                        - 3 -                                         

          liability.  He claimed a refund of $10,345.41 in Federal income             
          tax withholdings.                                                           
               Respondent made no adjustments to either the income or the             
          itemized deductions on petitioner's return.  Petitioner did not             
          include with his return the necessary form for computation of the           
          AMT under section 55.  After he was contacted by respondent,                
          petitioner submitted to the Internal Revenue Service (IRS) Form             
          6251, Alternative Minimum Tax–-Individuals, which reflected an              
          AMT of $7,266.83.  Petitioner made no payments to the IRS of the            
          AMT, although he paid $1,826.54 as additional tax under section             
          72(t) for his early withdrawal during 2000 of a qualified pension           
          plan.  In the notice of deficiency, respondent determined that              
          petitioner was liable for the AMT in the amount of $7,267.  No              
          other determinations were made with regard to petitioner's 2000             
          Federal income tax return.                                                  
               Petitioner's principal argument is that, if he is held                 
          liable for the AMT, that liability effectively negates or                   
          eliminates the tax benefits of his itemized deductions.                     
          Petitioner further argues that, if he is liable for the AMT, the            
          accrued interest of $510.44 on the deficiency should be abated              
          because the deficiency is one he did not know existed at the time           
          he filed his return.                                                        
               Section 55(a) imposes a tax equal to the excess of the                 
          tentative minimum tax over the regular tax.  The tentative                  





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011