- 18 - approximate the amount of tax that they would have owed had they been able to use the section 29 credits against RIT without regard for the section 29(b)(5) limitation in the first place. Petitioners, in effect, argue that the ceiling on the section 29 credit is raised for every dollar of credit they have. Petitioners would transpose the express limitation of section 29(b)(5) into a dead letter. It seems unlikely that Congress intended to legislate a limitation so elastic as to be no limitation at all. As a result of the section 29(b)(5) limitation, petitioners cannot claim that sufficient section 29 credits would have reduced RIT as much as their items of tax preference and that therefore they received no benefit from the latter. In fact, only a small amount of petitioners' credits was allowed in 1988, and none was permitted in 1989 and 1990 against RIT pursuant to section 29(b)(5). See supra pp. 3-4. Thus, petitioners' tax preference items reduced their RIT to an extent that their section 29 credits could not match. This sharply contrasts with the situation in First Chicago Corp., in which the taxpayer's use of foreign tax credits against RIT was not subject to an initial limitation. First Chicago Corp. v. Commissioner, 88 T.C. at 665. The instant case is also readily distinguishable from Breakell v. Commissioner, 97 T.C. 282, 286-287 (1991), affd. in part, revd. in part and remanded without published opinion 996 F.2d 1231 (11th Cir. 1993), in which this Court held thatPage: 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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