- 8 - The minimum tax credit and the alternative minimum tax limitation on business credits are both applicable to this case because, depending on which credit the Holloways are claiming, one or the other will apply. The section 29 credit (now the section 45K credit) was one of the additional credits included in the minimum tax credit in 2002. Sec. 53(d)(1)(B)(iii). If the Holloways’ credit were a section 29 credit, any part of it greater than the excess of their adjusted regular income tax over their tentative minimum tax would become part of their minimum tax credit. Id. If their credit were a section 43 credit, it would be the alternative minimum tax’s limits on business credits, as described above, that would apply and limit it. But whether their credit fed into the minimum tax credit or the general business tax credit part of the whole alternative minimum tax scheme, the Holloways would first have to calculate their tentative minimum tax and adjusted regular income tax for the 2002 tax year to determine how much credit is available to them. It was their failure to do this that caused the Commissioner’s computers to spit out a math error notice--and the Holloways do not contest the Commissioner’s arithmetic. They concede that without a special rule that reduces their tentative minimum tax, the Commissioner is correct and they are limited in the amount of credit they can take. However, they point to three sections of the Code which they believe apply to their situation:Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011