Nield and Linda Montgomery - Page 34

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          unrecognized capital losses to be carried back to prior taxable             
          years.  Sec. 1212(b).  The Internal Revenue Code does not                   
          explicitly address the treatment of capital losses for AMT                  
          purposes.  See secs. 55-59 (and accompanying regulations).                  
              Petitioners are not securities dealers, and they held their            
          MGC shares strictly as investors.  There is no dispute the MGC              
          shares in question are capital assets under section 1221.  The              
          record also shows petitioner sold MGC shares in 2001 and that he            
          realized capital losses as a result.14  However, the capital loss           
          limitations of sections 1211(b) and 1212(b) restricted                      
          petitioners’ ability to deduct these regular capital losses.15              
          Petitioners also realized AMT capital losses in 2001 taking                 
          into account petitioner’s adjusted AMT basis in his MGC shares.             
          Petitioners contend that they may carry back these AMT capital              
          losses to reduce their AMTI in 2000.  Petitioners argue the                 
          capital loss limitations of sections 1211 and 1212 do not apply             
          to bar the carryback of AMT capital losses for purposes of                  
          calculating AMTI.  We disagree.                                             




               14  To avoid confusion between petitioner’s capital losses,            
          we shall refer to his capital losses for regular tax purposes as            
          his “regular capital losses”, and we shall refer to his capital             
          loss for AMT purposes as his “AMT capital loss”.                            
               15  The effect of the capital loss limitations of secs.                
          1211(b) and 1212(b) for regular tax purposes is not in issue and            
          thus, is not discussed in detail.                                           





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