Robert M. and Pamela Price - Page 9




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            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  As originally enacted                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 treaty                





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