James A. and Nancy B. Wiese - Page 6

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          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).                                                       




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