Charles C. Allen, III and Barbara N. Allen, et al. - Page 19




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          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 Court             






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