Lauren Ostrow and Joseph Teiger - Page 4

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               Section 55 provides for an alternative minimum tax (AMT).              


               3(...continued)                                                        
               SEC. 216. DEDUCTION OF TAXES, INTEREST, AND BUSINESS                   
                         DEPRECIATION BY COOPERATIVE HOUSING CORPORATION              
                         TENANT-STOCKHOLDER.                                          
                    (a) Allowance of Deduction.--In the case of a                     
               tenant-stockholder (as defined in subsection (b)(2)),                  
               there shall be allowed as a deduction amounts (not                     
               otherwise deductible) paid or accrued to a cooperative                 
               housing corporation within the taxable year, but only                  
               to the extent that such amounts represent the tenant-                  
               stockholder's proportionate share of--                                 
                         (1) the real estate taxes allowable as a                     
                    deduction to the corporation under section 164                    
                    which are paid or incurred by the corporation on                  
                    the houses or apartment building and on the land                  
                    on which such houses (or building) are situated,                  
                    or                                                                
                         (2) the interest allowable as a deduction to                 
                    the corporation under section 163 which is paid or                
                    incurred by the corporation on its indebtedness                   
                    contracted--                                                      
                              (A) in the acquisition,                                 
                         construction, alteration,                                    
                         rehabilitation, or maintenance of                            
                         the houses or apartment buildings,                           
                         or                                                           
                              (B) in the acquisition of the                           
                         land on which the houses (or                                 
                         apartment building) are situated.                            
               Although sec. 216 refers to taxes or interest, a tenant-               
          stockholder may deduct his or her share of both taxes and                   
          interest paid by a cooperative housing corporation.  See Eckstein           
          v. United States, 196 Ct. Cl. 644, 452 F.2d 1036, 1038, 1047-1048           
          (1971); Park Place, Inc. v. Commissioner, 57 T.C. 767, 774                  
          (1972); S. Rept. 1631, 77th Cong., 2d Sess. 51 (1942), 1942-2               
          C.B. 504, 546 (“The bill provides for a new deduction * * * of              
          taxes and interest paid or accrued by a tenant stockholder to a             
          cooperative apartment corporation”); IRS Publication 530, Tax               
          Information for First-Time Homeowners 3-4 (2003 ed.).                       




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