David M. Marx - Page 12




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          allowable itemized deductions when he claimed the standard                  
          deduction for regular tax purposes is without merit.                        
               We have reviewed respondent’s computations of petitioner’s             
          AMT for 1999 and find that they comport with the provisions of              
          sections 55 and 56.  However, respondent did not include the                
          $578.08 of tax-exempt interest from private activity bonds                  
          reported on petitioner’s Form 6251 when respondent determined the           
          AMTI amount.  Had respondent correctly included this amount, the            
          AMTI would have been increased by $578.08, thereby increasing               
          petitioner’s AMT by an additional $150.31.  Because respondent              
          did not either include the tax-exempt interest in the AMT                   
          computation included in the notice of deficiency or assert a                
          claim for an increased deficiency pursuant to section 6214(a)               
          petitioner is not subject to the additional $150.31 of AMT.                 
               Because petitioner claimed the standard deduction in                   
          computing taxable income for regular tax purposes, he is required           
          to use the standard deduction amount when determining AMTI for              
          AMT purposes.  Accordingly, petitioner is precluded from using              
          itemized deductions for AMT purposes and is liable for the                  
          $439.45 of AMT determined by respondent.  Respondent is sustained           
          on this issue.                                                              











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