Francis E. and Linda A. Falcone - Page 4

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          should not be required to pay the deficiency because of the                 
          unfairness of the alternative minimum tax.                                  
                                     Discussion                                       
               Petitioners’ sole challenge to the proposed deficiency is              
          that the alternative minimum tax, as applied to them, is                    
          inherently unfair.  At trial, petitioners argued that although              
          they know that the Court has no authority to usurp the role of              
          the Congress, they would like the Court nonetheless to relieve              
          them of their Federal income tax obligations so as to ‘make a               
          statement’ that would spawn a thorough and complete legislative             
          review of the alternative minimum tax.                                      
               The Court has consistently and repeatedly rejected                     
          challenges to proposed deficiencies based on the fairness of the            
          alternative minimum tax.  Kenseth v. Commissioner, 259 F.3d 881             
          (7th Cir. 2001), affg. 114 T.C. 399 (2000); Merlo v.                        
          Commissioner, T.C. Memo. 2005-178; see also Alexander v.                    
          Commissioner, 72 F.3d 938 (1st Cir. 1995), affg. T.C. Memo. 1995-           
          51; Okin v. Commissioner, 808 F.2d 1338 (9th Cir. 1987), affg.              
          T.C. Memo. 1985-199; Warfield v. Commissioner, 84 T.C. 179                  
          (1985); Huntsberry v. Commissioner, 83 T.C. 742 (1984).                     
          Accordingly, we sustain respondent’s proposed deficiency.                   











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