- 14 - which the item is taken into account or for any other taxable year." (Emphasis added.) In the instant case, however, petitioners may obtain a tax benefit from their tax preference items indirectly, through "liberated" section 29 credits that can be applied against RIT in future taxable years pursuant to section 53. Petitioners argue that the fact that they may, at some future time, indirectly derive a tax benefit from the tax preference items via the freed-up section 29 credits is mooted by First Chicago Corp. v. Commissioner, 842 F.2d 180 (7th Cir. 1988). In First Chicago Corp., the taxpayer had no regular tax liability for 1980 and 1981 in large part due to a plethora of foreign tax credits. Id. at 180-181. The credits were sufficient to offset in full the tax liability that would have resulted if the taxpayer's regular income had not also been reduced by preference items. Id. Thus, the taxpayer received no current tax benefit from the preferences. Id. at 181. Moreover, the excess credits liberated by the preferences had not yet expired unused. Id. Respondent argued that the add-on minimum tax should nevertheless be imposed for 1980 and 1981 because of the potential for tax reduction in subsequent years. However, this Court, as well as the Court of Appeals for the Seventh Circuit, was concerned that if the taxpayer paid tax on a preference itemPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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