- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011