- 8 - applicable exemption amount of $49,000 by $24,196. See sec. 55(d)(1)(A)(i). Petitioners’ “tentative minimum tax” is therefore 26 percent of the taxable excess; i.e., 26 percent of $24,196, or $6,291. See sec. 55(b)(1)(A)(i)(I). Because the tentative minimum tax exceeds the regular tax of $963, petitioners are liable for the AMT in the amount of such excess, i.e., $6,291 less $963, or $5,328. See sec. 55(a). Petitioners do not challenge the mechanics of the foregoing computation. Rather, as previously stated, 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, including the fact that they had no items of tax preference. The clearest expression of legislative intent is found in the actual language used by Congress in enacting legislation. As the Supreme Court stated: “There is * * * no more persuasive evidence of the purpose of a statute than the words by which the legislature undertook to give expression to its wishes.” United States v. Am. Trucking Associations, Inc., 310 U.S. 534, 543 (1940); see Rath v. Commissioner, 101 T.C. 196, 200 (1993) (controlling effect will generally be given to the plain language of a statute, unless to do so would produce absurd or futile results). Again, as the Supreme Court stated: “In the absence of a clearly expressed legislative intention to the contrary, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011