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    Schedule A Taxes

    This is an old-fashioned "good-un" from Tennessee.

    Not really old-fashioned because it addresses an increasing problem,
    namely the AMT.

    In states like Tennessee, Texas, etc. with no state income tax, it
    is not unusual for high-income taxpayers to take the standard deduction.
    Because of not paying state income tax, conservative spending habits,
    paid-off mortgages, etc. I have, for example, one taxpayer whose
    AGI is almost $320,000 and is taking the $10,300 standard deduction
    for married couples.

    If he were to itemize deductions, the largest item on his return would be
    property taxes on his huge house, some $5000, followed by sales taxes
    apprx $3600. That's it. Contributions of some $200. No interest.
    Nothing else.

    Some of you in other parts of the country may marvel that this guy's house
    only bears taxes of $5000, when the burgiouse in places like New Jersey
    pay more than that in middle-class neighborhoods. But trust me, if you
    have property taxes of $5000 in Tennessee, you own a mansion or a
    Ponderosa, one or t'other.

    Question: Is there an obligation to report these taxes for AMT purposes
    even though they cannot itemize? The instructions say the standard
    deduction is automatically figured into their razzle-dazzle calculations,
    and for all I know, they could be right. If these taxes are entered onto
    form 6251, will it be a "wash" and thus harmless?

    Worse still, is the preparer under obligation to report these taxes, even
    though the taxpayer cannot benefit on a schedule A??
    Last edited by Snaggletooth; 03-20-2007, 11:45 PM.

    #2
    The Volunteer State

    >>Contributions of some $200<<

    $300 K per year and he donates a couple of C's? I thought Tennessee was "The Volunteer State."

    Comment


      #3
      Generous

      In fact, they holler like a stuck pig about the $200 they give.

      But as is so often the case, you didn't answer the question.

      Comment


        #4
        Good Question

        Snag, I think the answer is no, 6251 instructions say use the state taxes from sch A,
        It makes no mention of state taxes if standard deduction is used.

        DixieEA

        Comment


          #5
          sch A

          Snag:
          I am GUESSING again but I would say No, you as a preparer are not required to
          take into consideration for AMT purposes any itemized deductions NOT claimed.
          How could IRS expect us to consider deductions NOT claimed and not even known
          to us? You have interesting comments. Best wishes. Fred.

          Comment


            #6
            you should underline them

            >>as is so often the case, you didn't answer the question<<

            I responded to an issue that you raised in your post. If some of your 250 words are more important than others, maybe you should underline them.

            Comment


              #7
              Good Grief

              Good Grief Jainen. I cordially invite anyone to return to the original thread and determine for yourselves whether the question was clearly identified. Geez....

              Comment


                #8
                Snags

                I'm not 100% sure I fully understand your question but I'll offer the following. If you took the standard deduction on the return then the property taxes will not be a factor in your AMT calculation.

                However, since itemizing is a taxpayer election then I believe you can itemize on the taxpayer's return even if the itemized deductions are lower than the standard deduction. This may have the result of lowering the AMT. I do not believe there is any requirement to take the HIGHER of the standard deduction or itemized deductions.

                However, if you decide to itemize then I do not believe you can choose to "omit" the property taxes in an attempt to lower the AMT. You can read a case on this where the judge sustains the IRS requirement to include the full property taxes if the taxpayer itemized. Qureshi 96 AFTR 2d 2005-5949 (8/31/05). This case was in the Court of Claims and the Appeals Court in the Federal Circuit upheld the IRS position.

                Comment


                  #9
                  There was an article in the NATP Journal about a court case and AMT.

                  A T/P was itemizing her deductions. If she included the state tax on Sch A, she owed AMT. If she did not deduct them, no AMT.

                  IRS audited and said since she itemized her deductions, she did not have the choice to not deduct the state tax in order to avoid AMT. Court agreed. She had to deduct the state tax and pay AMT.

                  So, I think if you choose standard deduction you are OK. But if you choose itemizing, you have to deduct all possible deductions to figure the AMT.
                  You have the right to remain silent. Anything you say will be misquoted, then used against you.

                  Comment


                    #10
                    Thanks

                    Thanks to all who have responded. Most of it I believed going in, but wanted to hear
                    other opinions. New York EA in particular had an interesting slant.

                    Happy 4 weeks to go!

                    Snag

                    Comment

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