- 19 - section 1.55-1, Income Tax Regs., and the fact that the Commissioner recognized this distinction in a technical advice memorandum (Tech. Adv. Mem. 9722005 (Feb. 5, 1997)) issued as to the facts of this case. The referenced sentences of the General Explanation of the 1986 Act provide: Structure of minimum tax as an alternative system.–-For most purposes, the tax base for the new alternative minimum tax is determined as though the alternative minimum tax were a separate and independent income tax system. Thus, for example, where a Code provision refers to a “loss” of the taxpayer from an activity, for purposes of the alternative minimum tax the existence of a loss is determined with regard to the items that are includable and deductible for minimum tax, not regular tax, purposes. [General Explanation of the 1986 Act, supra at 438.] The referenced sentence in the preamble to section 1.55-1, Income Tax Regs., provides (with a citation to the General Explanation of the 1986 Act, supra at 438 n.9): “Congress generally intended that the AMT be treated as a tax system separate from but parallel to the regular tax system”. T.D. 8569, 59, 1994-2 C.B. 13. The technical advice memorandum reasons that the regular tax regime operates parallel to the AMT regime. Tech. Adv. Mem. 9722005 (Feb. 5, 1997). Respondent, in turn, acknowledges that the primary reading of the AMT provisions requires that AMTI be calculated by modifying taxable income by the items described in part VI. In a manner that is openly inconsistent with respondent’s plain reading of section 280C(a), however, respondent invites the CourtPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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