John Joseph Vax and Natalie Vax - Page 4

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               Under sections 27(a) and 901, taxpayers may then reduce                
          their reported regular Federal income tax liability so calculated           
          by the amount of their foreign tax credits.                                 
               In addition to taxpayers’ regular Federal income tax                   
          liability after reduction for foreign tax credits, certain                  
          taxpayers also may be liable for the AMT under section 55(a).               
          The AMT equals the excess of taxpayers’ so-called tentative                 
          minimum tax liability (TMT) over their regular Federal income tax           
          liability (after reduction of the latter tax liability for                  
          foreign tax credits).  Sec. 55(a), (c)(1).                                  
               Significantly, in the calculation of the TMT, sections                 
          55(b)(1)(A) and 59(a)(2)(A) limit taxpayers’ available foreign              
          tax credits to no more than 90 percent of the taxpayers’ pre-               
          credit TMT (referred to as the “AMT foreign tax credit”).1                  
               Petitioners acknowledge that, but for the tax treaty between           
          the United States and the Czech Republic, the above AMT foreign             
          tax credit limitation available to reduce petitioners’ TMT would            
          be controlling.  Petitioners argue, however, that any such 90-              



               1  Sec. 59 was added to the Internal Revenue Code by the Tax           
          Reform Act of 1986, Pub. L. 99-514, sec. 701(a), 100 Stat. 2336,            
          and sec. 59(a)(2) was deleted from the Internal Revenue Code by             
          the American Jobs Creation Act of 2004, Pub. L. 108-357, sec.               
          421(a)(1), 118 Stat. 1514, applicable to tax years beginning                
          after Dec. 31, 2004.  Beginning for 2005, the 90-percent                    
          limitation on taxpayers’ AMT foreign tax credit will no longer              
          apply, and taxpayers will calculate their AMT foreign tax credit            
          in substantially the same manner as their regular foreign tax               
          credit.                                                                     




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