- 12 - 1. The AMT Limits the Use of Nonrefundable Credits as Well as Preferences and Exclusions Petitioners would recompute AMTI by excluding certain preferences that are not otherwise deductible from AMTI. If successful, petitioners would lower their TMT and thereby augment the availability of section 29 credits under the section 29(b)(5) limitation. In effect, petitioners would increase the spread between RIT and TMT. Thus, petitioners seek to do, indirectly, that which the Code does not allow directly: apply nonrefundable credits against TMT. See S. Rept. 99-313, supra, 1986-3 C.B. at 537. If section 59(g) applied in the manner petitioners advocate, taxpayers with sufficient amounts of nonrefundable credits as well as adjustments and/or preferences would be able to completely avoid Federal income tax liability, despite having large economic incomes. Respondent's brief offers a useful illustration of how petitioners' position skirts Congress' intent in enacting the AMT. See First Chicago Corp. v. Commissioner, 842 F.2d at 181. Suppose that for 1990 a taxpayer, with no foreign tax credits, had $1 million of gross income and $1 million of preferential deductions. Although the taxpayer would have no RIT liability, the taxpayer would have AMT liability because preferential deductions are not allowable in computing minimum taxable income. But if the taxpayer also had sufficientPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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