- 34 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011