James A. and Nancy B. Wiese - Page 5

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               Respondent computed the AMT in the following manner:                   
               Form 1040, line 39                                $18,6311             
               plus:  adjustments and preferences                                     
                    (1) medical/dental expenses                  2,0212               
                    (2) State/local income taxes                 32,099               
                    (3) real estate taxes                         20,445              
               alternative minimum taxable income                73,196               
               less:  exemption amount                           -49,000              
               taxable excess                                    24,196               
               applicable AMT rate                               26%                  
               tentative minimum tax                             6,291                
               less: regular tax3                                -   963              
               AMT                                          $ 5,328                   
                                                                                     
                    1  Line 39 of Form 1040 represents adjusted gross income          
               less itemized deductions as reported by petitioners on                 
               their return.  Line 39 precedes the line on which personal             
               exemptions are claimed; thus, the AMT                                  
               computation effectively serves to disallow all personal                
               exemptions.                                                            
                    2  Medical expenses in excess of 7.5 percent, but less            
               than 10 percent, of adjusted gross income as reported by               
               petitioners on their return.                                           
                    3  As reported by petitioners on line 55 of their return.         

               Although respondent’s computation of the AMT in the notice             
          of deficiency refers to “adjustments and preferences”,                      
          petitioners did not have any “items of tax preference” within the           
          meaning of that term as defined by section 57.                              
               Petitioners filed a petition challenging respondent’s                  
          deficiency determination.  Petitioners contend that the AMT                 
          should not apply to them under the circumstances of their case,             
          and they ask for a waiver from such tax on equitable grounds.  In           
          this regard, petitioners point out that they had no items of tax            
          preference in 2002.  Petitioners also point out that they are               
          neither wealthy nor the high-income taxpayers for whom the AMT              





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