Buttke v. Commissioner
United States Tax Court
The Tax Reform Act of 1976, enacted on Oct. 4, 1976, amended the minimum tax provisions, effective for all "taxable years beginning after December 31, 1975." Prior to this amendment, the tax imposed was generally equal to 10 percent of the amount by which the sum of the items of tax preference exceeded $ 30,000. After the amendment, the tax imposed is 15 percent of the amount by which the sum of the items of tax preference exceed the greater of $ 10,000 or the "regular tax…
Read the full summary
The Tax Reform Act of 1976, enacted on Oct. 4, 1976, amended the minimum tax provisions, effective for all "taxable years beginning after December 31, 1975." Prior to this amendment, the tax imposed was generally equal to 10 percent of the amount by which the sum of the items of tax preference exceeded $ 30,000. After the amendment, the tax imposed is 15 percent of the amount by which the sum of the items of tax preference exceed the greater of $ 10,000 or the "regular tax deductions." Held, the provision of the Tax Reform Act of 1976, making the new base and rate for the application of the…
1Opinion of the Court
OPINION
Featherston, Judge:
This motion for judgment on the pleadings was assigned to-and heard by Special Trial Judge Lehman C. Aarons, pursuant to the provisions of section 7456(c) of the Internal Revenue Code of 1954, as amended. The Court agrees with and adopts his opinion which is set forth below.1
OPINION OF SPECIAL TRIAL JUDGE
Aarons, Special Trial Judge: This matter is before the Court on respondent’s motion for judgment on the pleadings. The issue herein is the constitutionality of the minimum tax for tax preferences particularly as it affects 1976 transactions prior to the enactment of…
2Cases cited11 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Welch v. HenrySupreme Court of the United States · 1938
- Blodgett v. HoldenSupreme Court of the United States · 1927
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. DarusmontSupreme Court of the United States · 1981
- Wing v. CommissionerUnited States Tax Court · 1983
- Graff v. CommissionerUnited States Tax Court · 1980
- Leroy and Leona Buttke v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1980
- Pekar v. CommissionerUnited States Tax Court · 1999
35 more not listed; retrieve them via the Exa API.