- 5 - As we understand the parties’ contentions, it is not necessary for us to know more of the facts in order to determine whether or not petitioner is subject to the alternative minimum tax for 2000. In light of the foregoing and petitioner’s assertion that he does not dispute the correctness of respondent’s calculations, we conclude that there is no genuine issue as to any material fact, within the meaning of Rule 121(b). Accordingly, we proceed to consider whether a decision may be rendered as a matter of law. 3. Alternative Minimum Tax Section 55 imposes a tax--the alternative minimum tax--equal to the excess (if any) of the tentative minimum tax over the regular tax.5 Sec. 55(a). Petitioner’s regular tax is zero, and so his alternative minimum tax is his full tentative minimum tax. Using Form 6251 (Alternative Minimum Tax--Individuals), respondent added back petitioner’s appropriate itemized deductions to the amount by which petitioner’s total itemized deductions exceeded his adjusted gross income. This operation resulted in petitioner’s alternative minimum taxable income (sec. 55(b)(2)) being $38,707. From this amount, respondent subtracted petitioner’s exemption amount. For 2000, in the case of a married person filing separately, this was $22,500. Sec. 5 For a brief history of the original “minimum tax” and its eventual replacement by the “alternative minimum tax”, see Huntsberry v. Commissioner, 83 T.C. 742, 748-752 (1984).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011