- 9 - 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 TRA, apply to the taxable year in issue. The current version of section 59(a)(2)(A), the provision at issue, provides 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. As originally enacted in 1954, former section 7852(d) had provided that no provision of the Internal Revenue Code was to apply in any case where its application would be contrary to any treatyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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