Lauren Ostrow and Joseph Teiger - Page 6

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               Petitioners contend that amounts deducted under section                
          216(a)(1) are deductible in computing AMTI because section 216              
          deductions are not (1) listed in section 56(b)(1)(A)(ii) as                 
          deductions denied in computing AMTI; (2) deductions “for any                
          taxes described in section 164(a)(1)”; or (3) miscellaneous                 
          itemized deductions.                                                        
          B.   Statutory Predecessor to Section 216                                   
               Some historical context may be helpful to understanding the            
          dispute in this case.  Before 1942, tenant-stockholders could not           
          deduct their shares of real estate taxes and interest paid by               
          cooperative housing corporations.  See Holmes v. United States,             
          85 F.3d 956, 960 (2d Cir. 1996); Holden v. Commissioner, 27                 
          B.T.A. 530, 538 (1933); Wood v. Rasquin, 21 F. Supp. 211, 213-214           
          (E.D.N.Y. 1937), affd. 97 F.2d 1023 (2d Cir. 1938).  This result            
          was consistent with the longstanding rule that a taxpayer                   
          generally cannot deduct taxes paid by another taxpayer.  Deputy             
          v. duPont, 308 U.S. 488, 493-494 (1940).                                    
               In 1942, Congress enacted section 23(z) of the Internal                
          Revenue Code of 1939.  Revenue Act of 1942, ch. 619, sec. 128, 56           
          Stat. 826.  Section 23(z) was reenacted as section 216 of the               
          Internal Revenue Code of 1954, ch. 736, 68A Stat. 730.  The                 
          Senate Finance Committee report for the bill that became the                
          Revenue Act of 1942 states in pertinent part:                               
                    The bill provides for a new deduction in section                  
               23(z) of taxes and interest paid or accrued by a tenant                





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