Danny Holloway and Patti Bain Holloway - Page 10

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          the alternative minimum tax.  Unfortunately for the Holloways,              
          this section wasn’t added to the Code in its present form until             
          2004, and applies only to tax years ending after October 22,                
          2004.8  Even if it were effective for the 2002 tax year, it                 
          applies to only certain tax credits, and neither the section 29             
          nor 43 credit is among them.  Sec. 38(c)(4)(B) (2006).                      
               Section 55(e)(1).  This section eliminates alternative                 
          minimum tax liability for corporations with gross receipts under            
          $7.5 million.  But it applies only to corporations subject to               
          taxation.  Holloway, Inc. is an S Corporation, and so doesn’t pay           
          taxes itself.  Its taxable income is also generally calculated as           
          if it were an individual, not a regular corporation.  Sec.                  
          1363(a) and (b).  This special rule just doesn’t apply to it.               
               We therefore hold that the Commissioner was correct in                 
          allowing the Holloways to take only a portion of their credit,              
          and so                                                                      

                                             Decision will be entered                 
                                        for respondent.                               








               8 American Jobs Creation Act of 2004, Pub. L. 108-357, sec.            
          711(a), (c), 118 Stat. 1418, 1557-1558.                                     




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