- 15 - for a year in which it derived no benefit due to the existence of credits, and those credits later expired unused, the statute of limitations on refunds could bar recovery by the taxpayer of the extra tax it had paid in the earlier year. Id. at 182-183; First Chicago Corp. v. Commissioner, 88 T.C. at 672-673. This Court held that "no minimum tax is due * * * for the years in which the then useless preferences arose, but * * * the tax is best imposed only when, and only to the extent that, petitioner realizes tax benefits generated by the preferences." First Chicago Corp. v. Commissioner, 88 T.C. at 668. First Chicago Corp. is readily distinguishable from the instant case; perhaps most saliently, section 29(b)(5) played no role whatsoever in the decision therein. 3. The AMT Differs Markedly From the Add-on Minimum Tax In their misplaced reliance on First Chicago Corp., petitioners also ignore the substantial differences between the add-on minimum tax at issue in that case and the AMT at issue in the instant case. In First Chicago Corp. itself this Court stated: "The 'minimum tax' is to be sharply distinguished from the 'alternative minimum tax'". First Chicago Corp. v. Commissioner, 88 T.C. at 668 n.5. These differences overshadow any similarities, and render the principles set forth in First Chicago Corp. inapplicable to the matter before us. See United States v. Deckelbaum, 784 F. Supp. at 1208.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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