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section 59(a)(2)(A), explaining that “there is harmony between
the U.S.-Germany treaty and section 59 because section 59 was
enacted 5 years before the U.S.-Germany treaty became effective
and, therefore, was one of the existing laws recognized as a
limitation on the U.S.-Germany treaty in article 23(1).”
The section 59(a)(2)(A) AMT-foreign-tax-credit limitation is
a “limitation of the law of the United States” that was in effect
at the time the U.S.-Czech treaty was signed in 1993.
On the basis of the above holdings, we conclude that the
section 59(a)(2)(A) AMT-foreign-tax-credit limitation does not
violate the U.S.-Czech Republic treaty involved herein.
By establishing the late filing of petitioners’ 2000 joint
Federal income tax return, respondent has met his burden of
production under section 7491(c) with respect to the section
6651(a)(1) late filing addition to tax.
Petitioners have failed to provide any reason for the late
filing of their 2000 joint Federal income tax return. The return
was due on April 15, 2001; petitioners failed to request an
extension of time to file their return; and petitioners’ return
was not filed with respondent until October 15, 2001.
In light of these facts, petitioners are liable for the
section 6651(a)(1) addition to tax for failure to timely file
their 2000 joint Federal income tax return.
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Last modified: May 25, 2011