Pekar v. Commissioner
United States Tax Court
P, a U.S. citizen, resided in Germany and the United Kingdom during his 1995 tax year. He paid resident income tax to the foreign countries in an amount exceeding his reported U.S. income tax liability. P claimed a foreign tax credit that reduced his U.S. income tax to zero. P did not compute or report liability for the alternative minimum tax (AMT) under sec. 55, I.R.C., or the foreign tax credit limitations under sec. 59, I.R.C.
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P, a U.S. citizen, resided in Germany and the United Kingdom during his 1995 tax year. He paid resident income tax to the foreign countries in an amount exceeding his reported U.S. income tax liability. P claimed a foreign tax credit that reduced his U.S. income tax to zero. P did not compute or report liability for the alternative minimum tax (AMT) under sec. 55, I.R.C., or the foreign tax credit limitations under sec. 59, I.R.C. P claimed that the sec. 59, I.R.C., limit on foreign tax credits violated the double taxation prohibitions of the U.S. income tax treaties with Germany and the…
1Opinion of the Court
GERBER, Judge:
Respondent determined a deficiency in petitioner’s 1995 Federal income tax of $3,893, a penalty pursuant to section 6662(a)1 of $778.60, and a late-filing addition to tax pursuant to section 6651(a)(1) of $194.65. The primary issues for our consideration are whether petitioner was subject to the alternative minimum tax (amt) and whether he was negligent when he failed to calculate and/or report the amt on his 1995 Federal income tax return. Petitioner also challenges the late-filing addition to tax determined by respondent.
FINDINGS OF FACT
The stipulation of facts and the…
2Cases cited18 opinions
- United States v. Skelly Oil Co.Supreme Court of the United States · 1969
- Ronald L. Lerch and Dalene Lerch v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1989
- Kolom v. Comm'rUnited States Tax Court · 1978
- Union Equity Cooperative Exchange v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1973
- Union Equity Cooperative Exchange v. CommissionerUnited States Tax Court · 1972
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