Tom and Louise Kappus - Page 8




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          adjustments that we need not detail here, and former section                
          59(a)(2)(A), the predecessor of the provision at issue in this              
          case, limited the credit to 90 percent of the precredit tentative           
          minimum tax liability.  Therefore, no more than 90 percent of the           
          alternative minimum tax could be offset under former section                
          59(a)(1).                                                                   
               With changes that are not material to this case, the                   
          alternative minimum tax provisions, as amended by the Tax Reform            
          Act of 1986, apply to the taxable year in issue.  The current               
          version of section 59(a)(2)(A), the provision at issue, states as           
          follows:                                                                    
               (2) Limitation to 90 Percent of Tax.--                                 
                    (A) In General.–-The alternative minimum tax                      
               foreign tax credit for any taxable year shall not                      
               exceed the excess (if any) of--                                        
                    (i) the pre-credit tentative minimum tax for the                  
                    taxable year, over                                                
                    (ii) 10 percent of the amount which would be the                  
                    pre-credit tentative minimum tax without regard to                
                    the alterative tax net operating loss deduction                   
                    and section 57(a)(2)(E).                                          
               In 1988, during its consideration of the Technical and                 
          Miscellaneous Revenue Act of 1988 (TAMRA), Pub. L. 100-647, 102             
          Stat. 3342, Congress reviewed the relationship of the Internal              
          Revenue Code and treaties and section 7852(d).  As originally               
          enacted in 1954, former section 7852(d) had provided that no                
          provision of the Internal Revenue Code was to apply in any case             






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