Gerald R. Tassielli - Page 8

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          issues with the Court, he has offered no evidence to indicate               
          that respondent incorrectly determined his AMT liability.  In               
          addition, the Government is not prohibited from issuing a notice            
          of deficiency where it previously adjusted a taxpayer’s return              
          based on mathematical or clerical errors.  See sec. 6213(b)(1);             
          Heasley v. Commissioner, 45 T.C. 448, 457 (1966); Ciciora v.                
          Commissioner, T.C. Memo. 2003-202.                                          
               Finally, we note that in his pretrial memorandum, petitioner           
          argues that we should reverse respondent’s determination because            
          “the enforcement of the [AMT] results in inequities”.  He also              
          contends that Congress soon will enact legislation to repeal the            
          AMT, thereby rendering the issue in his case moot.  These                   
          arguments are also challenges to petitioner’s underlying tax                
          liability.  Furthermore, we have rejected challenges to the AMT             
          based on equitable considerations, holding that such “policy                
          issues are in the province of Congress, and we are not authorized           
          to rewrite the statute.”  Kenseth v. Commissioner, 114 T.C. 399,            
          407-408 (2000) (and cases cited therein); see also Anthes v.                
          Commissioner, 81 T.C. 1, 7 (1983), affd. without published                  
          opinion 740 F.2d 953 (1st Cir. 1984) (“We must apply the law as             
          in effect during the taxable year in issue.”).                              
               Based on our review of the record, we conclude that                    
          respondent satisfied the requirements of section 6330 and did not           
          abuse his discretion in sustaining the proposed collection action           






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