Tobias Weiss and Gertrude O. Weiss - Page 5




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          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...)           





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