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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 As originally enacted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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