| In answer to the title of your question about the IRC superceding other tax law. First of all, the IRC IS the tax law. It is a federal statute and therefore part of the "supreme law of the land" as the Supreme Court puts it. Secondly, the Tax Relief Extension Act of 1999 was an amendment to the IRC itself. In fact the part of the Act that pertains to your posting is IRC Sec. 26, which was amended by the Act.
By the way, we discussed this on line yesterday, and I suggested you post the question. Here is my answer, which I also gave in answer to your answer to RachelTX’s question:
I agree with you that the credit can not reduce the tax below the tentative minimum tax, as specified in IRC Sec. 53(c). However, I have to disagree with you about the IRS interpretation of the Act of 99. The provision in that Act related to “certain non-refundable credits” that can be applied beyond the limits of the Tentative Minimum Tax are contained in IRC Sec. 26. IRC Sec. 26(a)(1) gives some tax relief related to the “credits allowed by this subpart.” “The subpart referred to is Subpart A or Part IV of the Internal Revenue Code, consisting of Sections 21-26. The credit for Prior Year Minimum Tax is granted under IRC Sec. 53. IRC Sec. 53 is in Part IV, Subpart G; therefore the provisions do not apply to that credit. |