- 10 - years before the Court.) Moreover, whereas section 58(h) was concerned with the effect of preferences on a taxpayer's income tax liability, section 59(g) focuses on the narrower effect of preferences and adjustments on a taxpayer's regular tax liability. The legislative history surrounding retention of the tax benefit rule indicates that Congress indeed intended to constrain its application, to wit: It is clarified that the application of the tax benefit rule to the minimum tax is within the discretion of the Secretary of the Treasury. Since the regular and minimum taxes generally are computed separately, relief from the minimum tax under the tax benefit rule is not appropriate solely by reason of the fact that a taxpayer has received no benefit under the regular tax with respect to a particular item. * * * [H. Conf. Rept. 99-841, 1986-3 C.B. (Vol. 4) 262-263; emphasis added.] As further evidence of the limited scope of section 59(g), the legislative history states, without mentioning the tax benefit rule, that "Credits that cannot be used by the taxpayer due to the effect of the alternative minimum tax can be carried over to other taxable years under the rules generally applying to credit carryovers." S. Rept. 99-313, supra, 1986-3 C.B. at 522. We now apply the foregoing principles to the facts before us. For the taxable years 1988 through 1990, petitioners were entitled to certain section 29(a) nonconventional fuel source credits. However, due to the section 29(b)(5) limitation, only aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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