David M. Marx - Page 4




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          $126,600, he calculated the section 68 limitation on his                    
          otherwise allowable itemized deductions and determined he was               
          required to reduce his total itemized deductions by $7,400.08.              
          Thus, petitioner’s total itemized deductions were limited to                
          $1,850.02.  Accordingly, petitioner decided to deduct the section           
          63(c) standard deduction for a single individual in the amount of           
          $4,300 in lieu of electing to deduct the lesser limited itemized            
          deduction amount of $1,850.02.  Petitioner then computed his 1999           
          taxable income and income tax liability using the maximum capital           
          gains rate method as follows:                                               
               Adjusted gross income       $1,015,759.94                              
          Less:  Standard deduction        4,300.00                                   
          Taxable income              $1,011,459.94                                   
          Total tax (sec. 1(c), (h))    $210,049.99                                   
               Because petitioner claimed the standard deduction, he was              
          not required to file Schedule A, Itemized Deductions.  However,             
          petitioner filed a blank Schedule A with his income tax return,             
          reporting absolutely no information or deductions on the form.              
          Further, petitioner did not report any AMT on his 1999 Form 1040,           
          nor did he include Form 6251, Alternative Minimum Tax--                     
          Individuals, with his return.                                               
               After receiving petitioner’s income tax return, respondent             
          sent petitioner correspondence informing petitioner that Form               
          6251 was required to process the return accurately.  Respondent             
          requested that petitioner file a Form 6251 timely.  Thereafter,             






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