Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 73

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          1.1502-80, Income Tax Regs.                                                 
               Section 56(a) imposes, with respect to the income of every             
          corporation, a tax equal to 15 percent of the excess of the sum of          
          the items of tax preference over the greater of $10,000 or the              
          regular tax deduction.23  Section 56(c) defines the term “regular tax       
          deduction” to mean “an amount equal to the taxes imposed” by chapter        
          one of subtitle A of the Code for the taxable year (computed without        
          regard to the corporate minimum tax and certain other provisions),          
          reduced by the sum of certain credits.  In Norwest Corp. & Subs. v.         
          Commissioner, T.C. Memo. 1995-600, which involved the same Norwest          
          Corp. that is the successor in interest to the UBC affiliated group         
          in this case, this Court held that the amount of the section 56(c)          
          deduction for an affiliated group of corporations is limited to the         
          actually imposed chapter one tax of the affiliated group.  That             
          holding was based primarily on the rationale of Sparrow v.                  


          23   One court has stated that the purpose of the corporate                 
          minimum tax “is to make sure that the aggregating of tax-                   
          preference items does not result in the taxpayer's paying a                 
          shockingly low percentage of his income as tax.”  First Chicago             
          Corp. v. Commissioner, 842 F.2d 180, 181 (7th Cir. 1988), affg.             
          88 T.C. 663 (1987).  This Court in First Natl. Bank in Little               
          Rock v. Commissioner, 83 T.C. 202, 214 (1984), examined the                 
          legislative history of the corporate minimum tax and distilled              
          two general principles:                                                     
               First, the tax was intended to limit the tax benefits                  
               and advantages from certain tax exemptions and special                 
               deductions referred to as tax preference items.  * * *                 
               Second, Congress did not undertake a revision of the                   
               Code provisions granting the tax preferences or other                  
               substantive provisions such as the consolidated return                 
               regulations.  Instead, liability for this additional                   
               tax is generally to be measured by the provisions                      
               imposing it.                                                           




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