Philip and Margery Skalka - Page 9

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          gain subject to a section 1(h) tax rate of 25 percent.                      
               Petitioners assert that long-term capital gains are taxed at           
          a maximum 20-percent rate; therefore, the entire gain from the              
          sale of their investment property should be taxed at only 20                
          percent.  While the Taxpayer Relief Act of 1997 (1997 Act), Pub.            
          L. 105-34, sec. 311, 111 Stat. 831, did reduce the maximum                  
          capital gains rate on net capital gains from 28 percent to 20               
          percent, petitioners’ assertion fails to take into consideration            
          all of the relevant changes made by the 1997 Act.                           
               The 1997 Act made several changes to the capital gains tax.            
          For the 1997 tax year, the capital gains tax rates vary depending           
          on the type, nature, and amount of the gain.  In addition, the              
          length of time the asset was held before its disposition and the            
          date of the disposition affect the capital gains tax rates for              
          1997.  Section 1(h), in pertinent part, provides as follows:                
               SEC. 1(h).  Maximum Capital Gains Rate.-–                              
                    (1) In general.--If a taxpayer has a net capital gain             
               for any taxable year, the tax imposed by this section for              
               such taxable year shall not exceed the sum of--                        
                    (A) a tax computed at the rates and in the same                   
                    manner as if this subsection had not been enacted on              
                    the greater of--                                                  
                         (i) taxable income reduced by the net capital                
                         gain, or                                                     
                         (ii) the lesser of--                                         
                              (I) the amount of taxable income taxed                  
                              at a rate below 28 percent, or                          





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