"don't need to" = "don't"?

My specific question is about form 1116 for claiming foreign tax credits, but it raises a more general issue, namely whether, when an instruction for a tax form says "you don't need to do X", it means you can't do X even if you want to. Under line 17 on form 1116 there is a caution to the filer to consult p.16 of the instructions if they figured their tax using lower rates on capital gains and qualified dividends (which I did). The instructions for line 17 carry over to p.18 where it says that "If you figured your tax using the Schedule D Tax Worksheet ... you must use the Worksheet for Line 17 on page 17 to figure the amount of tax to enter on line 17 of Form 1116 if: ...", where all the ... is stuff that includes me in. But then just below there is "Adjustment Exception. If you qualify for the adjustment exception, you do not need to use the Worksheet to figure the amount to enter on line 17" Well I do qualify for the adjustment exception, but I have done the calculation both ways and I am slightly better off if I use the worksheet. Can I waive my right to the exception and enter the worksheet calculation on line 17? Thanks.

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Reply to
Steve
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My question doesn't seem to have caught the interest of the group, but I'm following up with an answer that I finally got from the IRS on the phone, in case it might be useful to someone else sometime. The woman on the phone said that "you don't need to" doesn't mean "you mustn't". So for my case, although I am eligible for the adjustment exception mentioned on p.18 of the instructions for form 1116, I don't have to use the exception if I don't want to.

Reply to
Stephen Isard

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