- 6 - See, e.g., Okin v. Commissioner, supra, (income averaging); Huntsberry v. Commissioner, 83 T.C. 742, 749-751 (1984) (jobs tax credit); Freeman v. Commissioner, T.C. Memo. 2001-254 (miscellaneous itemized deductions), affd. 56 Fed. Appx. 842 (9th Cir. 2003); Keese v. Commissioner, T.C. Memo. 1995-416 (foreign tax credit); Bettner v. Commissioner, T.C. Memo. 1991-453 (long- term capital gain deduction). As the Court said in Freeman v. Commissioner, supra, “even if we agreed with petitioners that the application of the alternative minimum tax produces an inequitable result in this case, it is not for us to change that result. It is well established that such an equitable argument cannot overcome the plain meaning of the statute.” Issue 2. “No Change” Letter Petitioners raised another issue after their petition was filed. Petitioners claim they received a “no change” letter dated July 1, 2002, stating that they did not owe additional tax for the year at issue. Respondent’s position is that the letter was sent to petitioners to notify them that a premature assessment had been abated.2 Petitioners were required by section 6213(a) to file their 2Respondent’s “no change” letter of July 1, 2002, to petitioner wife was followed by respondent’s letter of Dec. 9, 2002, to petitioner husband, which more clearly explained that the premature assessment had been abated.Page: Previous 1 2 3 4 5 6 7 8 Next
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