- 18 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
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