- 9 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011