James A. and Nancy B. Wiese - Page 9

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          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, the           






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