- 13 - nonrefundable credits to completely eliminate regular tax liability on $1 million of gross income, under petitioners' theory, none of the $1 million of preferences would be added back to taxable income in computing AMTI. Thus, the taxpayer would completely avoid Federal income tax liability, despite having an economic income of $1 million. That petitioners seek to avoid less tax than is hypothetically possible under their theory as shown by the preceding scenario does not bolster their tenuous position. See United States v. Deckelbaum, 784 F. Supp. at 1207. 2. Section 53 Permits an Indefinite Carryover of Disallowed Section 29 Credits to Future Taxable Years The putative use of the section 59(g) tax benefit rule is also inappropriate due to the availability of the section 53 minimum tax credit. Congress recognized that taxpayers may not be able to use currently all of their section 29 credits because of the section 29(b)(5) limitation and therefore allowed the indefinite carryover of these credits under section 53. Sec. 53(a). Section 59(g) was added to the Code to give the Secretary the flexibility to provide relief in the event a taxpayer would not get a reduction in regular tax liability from an item that was includable in the AMT base. Section 59(g) explicitly authorizes relief only where an item "will not result in the reduction of the taxpayer's regular tax for the taxable year forPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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