- 16 - (1981); sec. 1.172-3(a)(2), Income Tax Regs. As a result, excess capital losses are not subject to section 172 and are excluded when computing an NOL under section 172(c). For AMT purposes, the ATNOL deduction is applied in lieu of section 172 in determining AMTI. Sec. 56(a)(4). An ATNOL deduction is defined as “the net operating loss deduction allowable for the taxable year under section 172,” subject to exceptions under section 56(d). Sec. 56(d). Thus, an ATNOL is computed under section 172 and then adjusted pursuant to section 56(d)(2). Sec. 56(d)(1)(B)(i). There is no exception under section 56(d) that modifies section 172(c) or (d) to allow excess capital losses to be used as deductions under section 172(c), or to allow excess capital losses to be carried forward or back under section 172(b). See Merlo v. Commissioner, supra at 212- 213. Instead, remaining capital losses are governed by a separate carryover scheme prescribed in section 1212(b), as described above. Therefore, the Court finds petitioner’s excess AMT capital losses are excluded for purposes of calculating his ATNOL deduction. As a result, petitioner cannot carry back his AMT capital losses realized in 2001 and 2002 under sections 56 and 172(b).Page: 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