- 14 - sections 56, 57, and 58. Allen v. Commissioner, 118 T.C. 1, 10, 20-21 (2002). There are no provisions within sections 55 through 58 and the accompanying regulations excluding capital loss limitations under sections 1211(b) and 1212(b) from the calculation of an individual’s AMTI. To the contrary, as explained by the Joint Committee on Taxation: For most purposes, the tax base for the new alternative minimum tax is determined as though the alternative minimum tax were a separate and independent income tax system. In certain instances, the operation of the alternative minimum tax as a separate and independent tax system is set forth expressly in the Code. * * * In other instances, however, where no such express statement is made, Congress did not intend to imply that similar adjustments were not necessary. Thus, for example, for [alternative] minimum tax purposes it was intended that section 1211 (limiting capital losses) be computed using [alternative] minimum tax basis * * * . [Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, at 438 (J. Comm. Print 1987).] Therefore, the capital loss limitations of sections 1211(b) and 1212(b) apply in calculating a taxpayer’s AMTI, and petitioner may not carry back the excess AMT capital losses recognized inPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011