- 9 - recompute the itemized deductions actually claimed as if the section 68 limitation did not apply. Nowhere in section 56(b) is there a provision that allows the taxpayer to make AMTI adjustments for itemized deductions when the taxpayer claimed the standard deduction in computing regular taxable income. Nor does section 56(b) specifically allow the taxpayer to limit his AMT liability by choosing between the AMTI adjustments for the standard deduction or itemized deductions for AMT purposes when the taxpayer claimed the standard deduction for regular tax purposes. The Code simply does not allow the taxpayer to pick and choose which section 56(b) adjustments apply in an attempt to get favorable AMT treatment. Once the taxpayer either elects to itemize deductions or claims the standard deduction for regular tax purposes, the taxpayer must make section 56(b) adjustments that directly correspond to the deductions claimed for regular tax purposes. Specifically addressing petitioner’s argument, section 56(b)(1)(F) provides only that the section 68 limitation on itemized deductions shall not apply when computing AMTI. This provision by its terms does not apply to itemized deductions that would have been limited by section 68 had the taxpayer not claimed the standard deduction instead. Rather, section 56(b)(1)(F) simply provides that section 68 shall not apply, so that a taxpayer who elected to itemize deductions for regular taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011