Lauren Ostrow and Joseph Teiger - Page 3

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          petitioners treated the $10,489 as deductible in computing their            
          alternative minimum taxable income.                                         
                                       OPINION                                        
          A.   Background                                                             
               Section 164 provides a deduction for real property taxes and           
          other specified taxes paid or accrued by the taxpayer during the            
          taxable year.  Sec. 164(a)(1).2  In addition, a tenant-                     
          stockholder may deduct amounts paid by or accrued to a                      
          cooperative housing corporation within the taxable year, to the             
          extent that the amounts represent the tenant-stockholder's                  
          proportionate share of (1) the real estate taxes deductible by              
          the corporation under section 164, sec. 216(a)(1), and (2) the              
          mortgage interest deductible by the corporation under section               
          163, sec. 216(a)(2).3                                                       

               2  Sec. 164(a) provides in pertinent part:                             
               SEC. 164. TAXES.                                                       
                    (a) General Rule.--Except as otherwise provided in                
               this section, the following taxes shall be allowed as a                
               deduction for the taxable year within which paid or                    
               accrued:                                                               
                         (1) State and local, and foreign, real                       
                    property taxes.                                                   
                         (2) State and local personal property                        
                    taxes.                                                            
                         (3) State and local, and foreign,                            
                    income, war profits, and excess profits                           
                    taxes.                                                            
               3  Sec. 216 provides in pertinent part:                                
                                                             (continued...)           




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