- 5 - was intended, having faced a financially-disastrous business failure in the mid-1990s from which they are still struggling to recover. Petitioners further point out that the State and local income taxes and real estate taxes in issue represent accrued but unpaid taxes from the 1990s that petitioners were only finally able to pay in 2002 after making substantial “catch-up” payments. In petitioners’ view, petitioners “had no ability to influence the timing of these payments”, which “represent normally hard, tax-deductible items when paid in cash”. Discussion3 Our analysis necessarily begins with section 55, the section of the Internal Revenue Code that imposes the AMT. Initially, we note that the AMT is imposed in addition to the “regular tax” and that the regular tax is, as relevant herein, the income tax computed on taxable income by reference to the Tax Table. See sec. 55(a), (c)(1); see also sec. 26(b). In petitioners’ case, the regular tax is $963, which is the amount that petitioners reported on line 55 of their Form 1040. Pursuant to section 55(a), the AMT is the difference between the “tentative minimum tax” and the regular tax. As relevant herein, the tentative minimum tax is 26 percent of the excess of 3 We decide the issue in dispute without regard to the burden of proof. See sec. 7491(a); Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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