Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 18




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                  Section 535(b)(6)(A) provides for a deduction from taxable                            
            income in arriving at accumulated taxable income of “the net                                
            capital gain * * * reduced by * * * the taxes attributable to                               
            such net capital gain.”  Section 535(b)(6)(B) defines “the taxes                            
            attributable to the net capital gain” as the difference between                             
            “the taxes imposed by this subtitle (except the tax imposed by                              
            this part) for the taxable year, and * * * such taxes computed                              
            for such year without including in taxable income the net capital                           
            gain for the taxable year”.                                                                 
                  The section 535(b)(6)(B)(i) language “the taxes imposed by                            
            this subtitle”, is the focus of the parties’ dispute.  Petitioner                           
            contends that the “taxes imposed” should be limited to the amount                           
            of tax liability it reported on its 1995 return or $2,674.  On                              
            the other hand, respondent’s computation is based on “taxes                                 
            imposed” of $110,203, the amount of income tax this Court decided                           
            is imposed under the statute.                                                               
                  In applying the above-quoted adjustment in his Rule 155                               
            computation, respondent computed the accumulated earnings tax as                            
            follows:17                                                                                  



                  17 There appear to be two errors in respondent’s computation                          
            of petitioner’s accumulated earnings tax.  First, there appears                             
            to be an error in subtraction.  If $325,000 is reduced by $2,674                            
            and $24,616, the result should be $297,710 and not $300,384.                                
            Second, the amount shown as taxable income on Form 5278,                                    
            Statement--Income Tax Changes, of respondent’s computation is                               
            $325,522 and not $325,000.  The parties will be asked to address                            
            these apparent discrepancies in a Rule 155 computation to be                                
            prepared in accord with this Supplemental Opinion.                                          




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