Robert A. and Karen L. Alston - Page 4




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          difference of $945.88.  On February 13, 2006, respondent issued             
          to petitioners a notice of deficiency in which he determined a              
          deficiency of $1,355.44, which included $1,352 in AMT.4                     
                                     Discussion                                       
               As a general rule, the Commissioner’s determinations set               
          forth in a notice of deficiency are presumed correct, and the               
          taxpayer bears the burden of proving that these determinations              
          are in error.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115           
          (1933).5                                                                    
               Petitioners argue that they are liable for only $404 of AMT.           
          The difference between respondent’s and petitioners’ AMT                    
          calculations is approximately equal to the reduction by                     
          respondent in the amount of petitioners’ claimed refund.6                   
          Petitioners contend that this reduction in their claimed refund             
          should be added to their regular tax as part of the calculation             
          of their AMT liability, arguing that they could not have received           


               4 The notice of deficiency also decreased itemized                     
          deductions by $9.                                                           
               5 Pursuant to sec. 7491(a), the burden of proof as to                  
          factual issues may shift to the Commissioner where the taxpayer             
          introduces credible evidence and complies with substantiation               
          requirements, maintains records, and cooperates fully with                  
          reasonable requests for witnesses, documents, and other                     
          information.  Petitioners have not met the requirements of sec.             
          7491(a).                                                                    
               6 The difference between the parties’ AMT calculations is              
          actually $948, not $945.88.  We consider this difference to be de           
          minimis.                                                                    






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