Daniel S. and Christi L. Smith - Page 7

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               Petitioners reduced their AMTI by the $27,500 negative tax             
          preference item.1  Otherwise, petitioners computed the $12 AMT              
          liability reported on the Form 6251 in a manner consistent with             
          respondent’s computation.                                                   
               We are aware of no authority that allows taxpayers to reduce           
          AMTI as petitioners have, and we find that respondent properly              
          computed petitioners’ AMT liability.  Accordingly, respondent’s             
          determination in that regard is sustained.                                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be                    
                                             entered for respondent.                  








               1  Sec. 59(e) allows a taxpayer to make an election to                 
          deduct qualified expenditures for intangible drilling costs                 
          ratably over a 60-month period.  If this election is made with              
          respect to any qualified expenditure, then that amount is not               
          treated as a tax preference item under sec. 57, and sec. 56 does            
          not apply.  Sec. 59(e)(6).  We note, however, that an election              
          under sec. 59(e) does not result in the qualified expenditure’s             
          being deducted from AMTI as a negative tax preference.                      
               In any event, the record does not establish that petitioners           
          made an election under sec. 59(e), and no evidence has been                 
          introduced regarding the source of the negative tax preference              
          item.                                                                       




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