- 9 - (II) taxable income reduced by the adjusted net capital gain, plus (B) 25 percent of the excess (if any) of-- (i) the unrecaptured section 1250 gain (or, if less, the net capital gain), over (ii) the excess (if any) of-- (I) the sum of the amount on which tax is determined under subparagraph (A) plus the net capital gain, over (II) taxable income, plus (C) 28 percent of the amount of taxable income in excess of the sum of-- (i) the adjusted net capital gain, plus (ii) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), plus (D) 10 percent of so much of the taxpayer’s adjusted net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- (i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 28 percent, over (ii) the taxable income reduced by the adjusted net capital gain, plus (E) 20 percent of the taxpayer’s adjusted net capital gain (or, if less, taxable income) in excess of the amount on which a tax is determined under subparagraph (D). Accordingly, petitioners’ claim that their entire gain from the sale of the property is taxed at a maximum rate of 20 percentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011