Lauren Ostrow and Joseph Teiger - Page 9

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          described in” section 164(a)(1) clearly applies to real estate              
          taxes paid by a taxpayer and deductible under section 164.                  
               If Congress had intended the reference in section                      
          56(b)(1)(A)(ii) to “taxes described in” section 164(a) not to               
          apply to real estate taxes passed through to tenant-stockholders            
          under section 216, Congress could have said “taxes deducted                 
          under” paragraph (1), (2), or (3) of section 164(a).  Instead,              
          section 56(b)(1)(A)(ii) refers to “taxes described in” section              
          164(a).                                                                     
               Petitioners contend that Congress used the phrase “taxes               
          described in paragraph (1), (2), or (3) of section 164(a)” in               
          section 56(b)(1)(A)(ii) to deny deduction of real estate,                   
          personal property, and income taxes in computing AMTI while                 
          allowing deduction of section 59A environmental taxes and                   
          generation-skipping transfer taxes in computing AMTI.  Whether or           
          not section 56(b)(1)(A)(ii) has that effect, we do not agree that           
          that reading precludes respondent’s claim here; i.e., that a                
          deduction under section 216(a)(1) based on taxes paid by a                  
          cooperative housing corporation is a deduction for taxes                    
          “described in” section 164(a).                                              
               Petitioners also argue that if deductions under section 164            
          include real estate taxes paid by a cooperative housing                     
          corporation and deducted by a tenant-stockholder under section              








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