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amount of this deficiency is alternative minimum tax, under
section 55.2
The issue for decision in both parties’ motions is whether
the alternative minimum tax applies to petitioner.3
Our statements as to the facts are based entirely on those
matters that are admitted in the pleadings, those matters that
are admitted in the motion papers, those matters set forth in
affidavits or declarations submitted by the parties, and those
matters stated and not rebutted in the Court’s hearing on the
motions.
Background
When the petition was filed in the instant case, petitioner
resided in West Palm Beach, Florida.
On petitioner’s 2000 tax return, he claimed the status of
married filing separately. On this tax return, petitioner showed
adjusted gross income of $46,834.16, itemized deductions of
$54,275.81, and personal exemptions of $2,800. Petitioner
computed his taxable income as zero, and his tax liability as
zero. He showed $133.66 as withheld income tax, all of which he
2 Unless indicated otherwise, all section references are to
sections of the Internal Revenue Code of 1986 as in effect for
the year in issue.
3 At the hearing, petitioner stated that he does not
contest the correctness of respondent’s “numbers”.
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