Estate of Clifford C. Haugen - Page 19

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          computation is the tax that was computed under the income-                  
          averaging provisions of section 1301.  Petitioner contends that             
          "regular tax" means the tax computed outside the income-averaging           
          provisions of section 1301 under section 1.  The tax under                  
          section 1 would have been higher than the tax under the income-             
          averaging provisions of section 1301 and, therefore, would lessen           
          petitioner's liability for the AMT.  Petitioner's argument was              
          rejected in Sparrow v. Commissioner, 86 T.C. 929, 934 (1986), and           
          Walker v. Commissioner, T.C. Memo. 1991-469, affd. without                  
          published opinion 995 F.2d 235 (9th Cir. 1993).  Respondent,                
          therefore, is sustained on this issue.10                                    
          Reviewed and adopted as the report of the Small Tax Case                    
          Division.                                                                   


          Decision will be entered                                                    
          for respondent.                                                             









               10   The Court recognizes that the Walker and Sparrow cases            
          above were both decided under the earlier version of sec. 1301.             
          The Court is not persuaded that the differences between the                 
          earlier and present versions of sec. 1301 preclude the rationale            
          of these cases from applying in the instant case.                           





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