Daniel S. and Christi L. Smith - Page 4

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               State and local taxes paid                   $14,789                   
               Real estate taxes paid                      1,425                     
               Interest paid                                10,972                    
               Charitable contributions                     5,120                     
               Job expenses and other miscellaneous deductions                        
               (in excess of 2% of adjusted gross income)   30,542                    
               Less:  Overall limitation on itemized deductions(2,503)                   
               Total itemized deductions                    60,345                    

               After taking into account exemptions and total itemized                
          deductions, petitioners reported taxable income and an income tax           
          liability of $147,194 and $34,569, respectively, on their 2002              
          return.  The reported income tax liability consists entirely of             
          the tax imposed by section 1.                                               
               On or about April 21, 2004 (after respondent issued the                
          notice of deficiency), petitioners submitted a Form 6251,                   
          Alternative Minimum Tax–-Individuals, for 2002.  In computing               
          alternative minimum taxable income (AMTI) of $175,603,                      
          petitioners deducted a $27,500 negative tax preference for                  
          intangible drilling costs.  Petitioners did not claim a deduction           
          for intangible drilling costs in the computation of the taxable             
          income or section 1 income tax liability reported on their                  
          return.  On the Form 6251, petitioners reported an AMT of $12.              
          On line 43 of their 2002 return, petitioners reported an AMT                
          liability of zero.                                                          
          Discussion                                                                  
               The dispute focuses on the negative tax preference item                
          discussed above.  According to respondent, petitioners’ AMT                 







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