- 17 - Lastly, petitioners argue that the reference in section 4940(c)(4)(C) to "no capital loss carryovers" clearly means that investment income does not include the loss carryover for purposes of section 163(d). We disagree. Section 4940(c)(4)(C) defines the term “net investment income”, in part, as follows: (1) In General.--For purposes of subsection (a), the net investment income is the amount by which (A) the sum of the gross investment income and the capital gain net income exceeds (B) the deductions allowed by paragraph (3). Except to the extent inconsistent with the provisions of this section, net investment income shall be determined under the principles of subtitle A. * * * * * * * (4) Capital Gains and Losses.--For purposes of paragraph (1) in determining capital gain net income * * * * * * * (C) Losses from sales or other dispositions of property shall be allowed only to the extent of gains from such sales or other dispositions, and there shall be no capital loss carryovers. [Emphasis added.] However, section 4940 (Excise Tax Based on Investment Income) is applicable to Subtitle D--Miscellaneous Excise Taxes, Chapter 42A--Private Foundations and Other Certain Tax-exempt Organizations. Here, we are dealing with income taxes on individual taxpayers; i.e., Subtitle A--Income Taxes, rather than an excise tax on a private foundation or tax-exempt organization. In addition, there is no cross-reference between sections 4940 and 163(d) to make section 4940 applicable to this case.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011