- 5 - appear to believe, however, this special treatment does not mean that qualified dividends may be disregarded altogether in calculating alternative minimum tax. Petitioners erroneously omitted their qualified dividends from gross income, which contributed to an understatement of their AMTI, which gave rise to a deficiency as determined in the statutory notice.6 Petitioners appear to believe that they reported their qualified dividends, and the tax thereon, consistent with the literal terms of Form 1040, which they construe as treating “qualified dividends” separately from “ordinary dividends” and including only the latter in the calculation of adjusted gross income.7 Whatever ambiguity might be found in Form 1040 and its 5(...continued) the amount by which alternative minimum taxable income exceeds an exemption amount (the “taxable excess”). Sec. 55(b)(1)(A). Generally speaking, however, and ignoring certain qualifications not relevant here, if a taxpayer has net capital gain, the amount of tentative minimum tax thus determined cannot exceed the amount that would be determined if the net capital gain were excluded from the foregoing formula and instead were taxed at rates that mirror those applicable for regular tax purposes under sec. 1(h). Sec. 55(b)(3). 6 The record suggests that other items affecting the computation of petitioners’ AMTI included the disallowance of miscellaneous itemized deductions, see secs. 56(b)(1)(A)(i) and 67(b), and the disallowance of personal exemptions, see sec. 56(b)(1)(E). Petitioners have not challenged these computational matters. 7 Form 1040 calls for “Ordinary dividends” to be reported on line 9a, to be tallied in the calculation of adjusted gross income; the form calls for “Qualified dividends” to be reported on line 9b, which does not extend into the calculations column. (continued...)Page: Previous 1 2 3 4 5 6 NextLast modified: March 27, 2008