- 7 - 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 actionPage: Previous 1 2 3 4 5 6 7 8 9 Next
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