- 65 - equal to 15 percent of the amount by which the sum of the items of tax preference[16] exceeds the greater of-- (1) $10,000, or (2) the regular tax deduction for the taxable year (as determined under subsection (c)). * * * * * * * (c) Regular Tax Deduction Defined.--For purposes of this section, the term “regular tax deduction” means an amount equal to the taxes imposed by * * * [chapter one of subtitle A of the Code] for the taxable year (computed without regard to this part and without regard to the taxes imposed by sections 531 and 541), reduced by the sum of the credits allowable under subparts A, B, and D of part IV. * * *[17] C. The Two Methods 1. UBC's Method Under UBC's Method, which respondent contends is correct, each member of the UBC affiliated group first determines its separate “items of tax preference” pursuant to section 57. Then, each member's separate items of tax preference are aggregated to establish the UBC affiliated group's total for items of tax preference (UBC's total preferences). That total is reduced by the UBC affiliated group's regular tax liability (the amount that should appear on Schedule J of its return) (UBC's consolidated regular tax) or, if there is no such liability, the minimum tax exemption.18 The 15 percent minimum tax rate of section 56(a) is 16 Items of tax preference are set forth in sec. 57. 17 The quoted provisions were in effect for the UBC affiliated group's 1985 taxable year. For purposes of this case, prior versions of sec. 56, in effect for 1977, 1980, and 1984, were not materially different from the 1985 version. 18 This sentence reflects a stipulation of the parties. We (continued...)Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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