Ronald J. and June M. Speltz - Page 19

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          adoption of the AMT.  In many different contexts, literal                   
          application of the AMT has led to a perceived hardship, but                 
          challenges based on equity have been uniformly rejected.  See,              
          e.g., Alexander v. Commissioner, 72 F.3d 938 (1st Cir. 1995),               
          affg. T.C. Memo. 1995-51; Okin v. Commissioner, 808 F.2d 1338               
          (9th Cir. 1987), affg. T.C. Memo. 1985-199; Warfield v.                     
          Commissioner, 84 T.C. 179 (1985); Huntsberry v. Commissioner, 83            
          T.C. 742, 747-753 (1984); Prosman v. Commissioner, T.C. Memo.               
          1999-87; Klaassen v. Commissioner, T.C. Memo. 1998-241, affd.               
          without published opinion 182 F.3d 932 (10th Cir. 1999).                    
               In Kenseth v. Commissioner, 259 F.3d 881, 885 (7th Cir.                
          2001), affg. 114 T.C. 399 (2000), the Court of Appeals for the              
          Seventh Circuit commented:                                                  
               it is not a feasible judicial undertaking to achieve                   
               global equity in taxation * * * especially when the                    
               means suggested for eliminating one inequity (that                     
               which Kenseth argues is created by the alternative                     
               minimum income tax) consists of creating another                       
               inequity (differential treatment for purposes of that                  
               tax of fixed and contingent legal fees).  And if it                    
               were a feasible judicial undertaking, it still would                   
               not be a proper one, equity in taxation being a                        
               political rather than a jural concept.  * * *                          
          Most recently, in Commissioner v. Banks, 543 U.S. ___, 125 S.Ct.            
          826 (2005), the U.S. Supreme Court emphasized that the issue of             
          the effect of the AMT on cases such as Kenseth v. Commissioner,             
          supra, involving the deductibility of attorney’s fees, has                  
          partially been addressed by Congress.  We believe that here, too,           
          the solution must be with Congress.                                         





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