Qualified dividends, the AMT and Tax Court

December 27, 2007

Tax_court_2
Talk about timing. Just as the alternative minimum tax 2007 patch was signed into law yesterday, a Tax Court ruling (129 T.C. No. 18) was issued requiring a married couple to include qualified dividends in the calculation of their AMT liability.

Below are the case facts, per the opinion issued by Judge Michael B. Thornton.

On their 2005 tax return, Tobias and Gertrude Weiss reported $24,376 in qualified dividends — you know, those earnings that get the preferred capital gains tax rates. But they didn’t include that amount in $265,408 that they reported as taxable income, and upon which they figured tax due of $68,809.

Instead, the Weisses separately computed $3,656 tax due on the qualified dividends (15 percent of $24,376) and then noted on that this was "Qualified Dividend Tax" on line 45 of their Form 1040, the place where they should have entered any AMT amount.

The IRS treated this as a "math error" — and apparently there were a couple of those, judging by the various figures listed in the Tax Court document. Taking that and other "math errors" into account, the IRS recalculated the Weisses regular taxable income, AMT taxable income and determined that the couple still owed Uncle Sam slightly more than $6,000.

Mr. and Mrs. Weiss countered that they correctly reported their qualified dividends and that the IRS was wrong in saying that amount should be included in the calculation of their AMT.

Not so fast, said the IRS. The couple was "mistaken that qualified dividends may be disregarded in the calculation of alternative minimum tax." And while qualified dividends do receive special treatment, argued the IRS, "this special treatment does not mean that qualified dividends may be disregarded altogether in calculating alternative minimum tax."

The Weisses "erroneously omitted their qualified dividends from gross income, which contributed to an understatement of their [alternative minimum tax income], which gave rise to a deficiency … ."

Judge Thornton agreed with the IRS, noting that "Whatever ambiguity might be found in Form 1040 and its instructions in this regard … cannot affect the operation of the tax statutes or petitioners’ obligations thereunder."

In other words, tax form instructions are not an authoritative source of tax law.

Hmmm. That assessment of IRS documentation seems to be the ultimate disclaimer and enough to drive all us immediately and directly into the arms of the nearest tax attorney!

Share:

The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

Latest Posts
Don’t miss these June 15 tax filing and paying deadlines

June 14, 2026

June 15 is Tax Day for millions of U.S. taxpayers. Those living and working abroad…

Read More
Tax Season 2026 Continues!

We made it. Tax Day 2025 is finally over. For most of us. When the filing season started on Jan. 26, millions who were expecting refunds filed immediately. Most of us got our returns to the Internal Revenue Service by April 15. But plenty of taxpayers also got extensions. They are looking at an Oct. 15 filing deadline.

Those procrastinating filers aren’t a problem. In fact, the IRS appreciates taxpayers who take time to fill out their 1040 forms correctly. It also is grateful that tax submissions are spread out a bit, especially now that the IRS is a leaner agency. Processing returns is easier when they arrive throughout the year instead of in massive bunches.

But enough about Uncle Sam’s tax collection issues. The focus now is on all y’all who filed for extensions, giving you another six months to complete your return. Since your new mid-October due date will be here before you know it, let’s get started now on meeting it.

The ol’ blog is here to help you finish up your extended Form 1040. You can start with January’s tax tips page, which has links to the rest of the year’s tips by-month collections. You also can peruse various tax categories for more tailored advice by clicking on the More Tax Posts drop-down menu at the top of this (and every) page.

And to make sure you don’t miss your new filing deadline, the count-down clock below will let you know just how much time you to file by Oct. 15. At the latest.e. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments