Danny Holloway and Patti Bain Holloway - Page 5

                                        - 5 -                                         
               The heart of this case involves the effect of the                      
          alternative minimum tax on the Holloways’ tax credit.  And                  
          because the record is unclear on whether the Holloways are                  
          claiming a credit under section 29 or 43, we’ll look at both.               
               We begin with a brief summary of the alternative minimum tax           
          and its relation to either kind of credit.  As we explained in              
          Day v. Commissioner, 108 T.C. 11, 14 (1997), the purpose of the             
          alternative minimum tax was to make sure that taxpayers pay some            
          tax regardless of the tax breaks--like the ones in sections 29              
          and 43--generally available elsewhere in the Code.  The                     
          alternative minimum tax works by eliminating favorable treatment            
          for some of these breaks.                                                   
               The starting point in this complicated scheme is calculating           
          a taxpayer’s alternative minimum tax income.  Alternative minimum           
          tax income begins with regular income tax income, but adjusts it            
          (usually upward) by recalculating or eliminating certain losses,            
          exclusions, and deductions listed in sections 56-58.  Sec.                  
          55(b)(2).                                                                   
               The next step is to calculate the “tentative minimum tax.”             
          This is done by taking the alternative minimum tax income and               
          subtracting a defined exemption amount,5 then multiplying the               
          resulting figure by the alternative minimum tax rate and                    


               5 The exemption amount begins to phase out once the                    
          alternative minimum tax income reaches a certain threshold                  
          amount.  Sec. 55(d)(3).                                                     




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011