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Chapter 12
   Alternative Minimum
   Tax

   Individual Income Taxes
© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.   1
The Big Picture (slide 1 of 2)
• Bob and Carol are unmarried individuals who have
  been engaged for four months. They work for the
  same employer and
   – They earn identical compensation.
   – They have the same amount of gross income, including the
     same amount of investment income, which consists solely
     of interest income.
   – They have similar investments in tax-exempt bonds that
     produce identical amounts of interest income.
   – They also have the same amount of deductions.

• Carol learns that she paid $15,000 more in Federal
  income taxes than Bob did for the tax year.
                                                                2
The Big Picture (slide 2 of 2)
• The above events raise a number of interesting
  questions for Bob and Carol that can be answered
  after completing this chapter.
   – Why didn’t Bob and Carol have the same tax liability?
   – Were both tax returns properly prepared?
   – Should Carol consider replacing her tax return preparer
     Eve with Adam?
   – Is it possible and/or desirable for Carol to file an amended
     return?
   – Should Bob do anything?
• Read the chapter and formulate your response.


                                                                    3
Alternative Minimum Tax (AMT)
• AMT is separate from, but parallel to, the
  regular income tax system
• The AMT computation reconciles taxable
  income, through adjustments and preferences,
  with Alternative Minimum Taxable Income
  (AMTI)




                                                 4
Computation of AMT




                     5
AMT Adjustments And Preferences
                                  (slide 1 of 3)

• Most AMT adjustments relate to timing differences
   – Timing differences eventually reverse
       • Positive adjustments will be offset by negative adjustments in the future,
         and vice versa
   – Example - circulation expenditures
       • For regular income tax purposes, circulation expenditures can be deducted
         in the year incurred
       • For AMT purposes, however, circulation expenditures must be deducted
         over a three-year period
• Certain AMT adjustments do not relate to timing differences
   – These adjustments result in a permanent difference between taxable
     income and AMTI
       • e.g., Itemized deductions



                                                                                      6
AMT Adjustments And Preferences
                        (slide 2 of 3)


• AMT Preferences
  – Designed to take back all or part of the tax benefits
    obtained by certain items in the computation of
    taxable income for regular income tax purposes
     • Taxable income is increased by tax preference items
       effectively disallowing those tax benefits for AMT
       purposes




                                                             7
AMT Adjustments And Preferences
                           (slide 3 of 3)

• Tax preferences include:
   – Percentage depletion in excess of basis
   – Excess intangible drilling costs
   – Interest on certain private activity bonds
   – Excess of accelerated over straight-line depreciation on real
     & leased personal property placed in service before 1987
   – Excess of amortization allowance over depreciation on pre-
     1987 certified pollution control facilities
   – 7% of the exclusion from gross income of gains on the sale
     of certain small business stock



                                                                     8
Other Components of AMT
                         (slide 1 of 3)


• Exemption amount
  – The exemption reduces AMTI to arrive at the base
    on which AMT is computed
  – The initial exemption amount is:
     • $48,450 for single
     • $74,450 for married, filing jointly
     • $37,225 for married, filing separately




                                                       9
Other Components of AMT
                        (slide 2 of 3)


• Exemption amount
  – Exemption amount is reduced by 25% of AMTI in
    excess of
    • $112,500 for single
    • $150,000 for married, filing jointly
    • $75,000 for married, filing separately




                                                    10
Other Components of AMT
                        (slide 3 of 3)


• AMT rates
  – A progressive rate structure is applied to the tax
    base (AMTI less exemption amount)
     • 26% on first $175,000 ($87,500 for married, filing
       separately) of tax base
     • 28% on remaining amount of tax base
  – Net capital gain and qualified dividend income
    included in AMT base are taxed at favorable
    alternative tax rates (15% or 0%)


                                                            11
Personal Tax Credits
• For tax years 2000–2012
  – All nonrefundable personal credits can offset both
    the regular income tax (less foreign tax credit) and
    the AMT




                                                           12
AMT Adjustments
                     (slide 1 of 15)


• Adjustments tend to arise from timing
  differences between regular tax and AMT
  – Adjustments can be positive or negative, and will
    generally reverse in later years




                                                        13
Adjustments
                        (slide 2 of 15)


• Circulation expenditures
  – Amortized over 3 years for AMT
     • Expensed in year incurred for regular tax




                                                   14
Adjustments
                     (slide 3 of 15)


• The AMT depreciation adjustment for real
  property applies only to real property placed in
  service before January 1, 1999
• For real property placed in service after
  December 31, 1998, MACRS recovery periods
  apply for AMT
  – Thus, the AMT adjustment is effectively
    eliminated


                                                     15
Adjustments
                        (slide 4 of 15)


• For real property placed in service after 1986
  (MACRS property) and before January 1,
  1999
  – AMT depreciation is computed under the
    alternative depreciation system (ADS)
     • Uses the straight-line method over a 40-year life
  – Regular tax MACRS lives are 27.5, 31.5, and
    39 years


                                                           16
Adjustments
                      (slide 5 of 15)

• Depreciation of post-1986 personal property
  – AMT method is 150% DB over ADS life
  – Regular tax is generally MACRS method based on
    200% DB over shorter lives
• Effective for personalty placed in service after
  12/31/98, MACRS recovery periods are to be
  used for AMT
  – If 150% DB is elected for this property, there is no
    AMT adjustment


                                                           17
Adjustments
                       (slide 6 of 15)


• Pollution control facilities
  – Depreciate under the ADS over appropriate class
    life for AMT
     • Amortize over 60 months for regular tax purposes
  – Effective for pollution control facilities placed in
    service after 12/31/98, MACRS recovery periods
    are to be used for AMT




                                                           18
Adjustments
                        (slide 7 of 15)


• Mining exploration/development costs and
  research/experimental expenditures
  – Amortized over 10 years for AMT
     • Expensed in year incurred for regular tax purposes
  – Taxpayer may elect to capitalize and amortize over
    10 years for regular tax purposes and thus avoid
    the AMT adjustment




                                                            19
Adjustments
                     (slide 8 of 15)


• Completed contract method
  – AMT requires the use of percentage of completion
    method for long-term contracts rather than
    completed contract method




                                                       20
Adjustments
                         (slide 9 of 15)


• Incentive stock options (ISOs)
  – The exercise of an ISO can cause income for AMT
    purposes that is not currently taxable for regular
    tax purposes
     • Excess of FMV over exercise price is adjustment in year
       stock is freely transferable or not subject to substantial
       risk of forfeiture




                                                                    21
Adjustments
                      (slide 10 of 15)


• Adjusted gain or loss
  – Since the adjusted basis of an asset can be different
    for regular tax and AMT, gain or loss recognized
    upon the disposition of an asset may vary for the
    two tax systems
  – Difference between regular tax gain (loss) and
    AMT gain (loss) is adjustment




                                                            22
Adjustments
                        (slide 11 of 15)

• Passive activity losses - Not deductible in computing
  either the regular income tax or the AMT
   – Passive losses must still be recomputed for AMT using
     AMT provisions




                                                             23
Adjustments
                  (slide 12 of 15)


• Net operating loss (NOL)
  – NOL must be recomputed for AMT using AMT
    provisions




                                               24
Adjustments
                            (slide 13 of 15)


• Itemized deductions allowed for AMT
  purposes include:
     •   Casualty losses
     •   Gambling losses
     •   Charitable contributions
     •   Medical expenses in excess of 10% of AGI
     •   Estate tax attributable to IRD
     •   Qualified interest
          – May differ from regular tax since only qualified residence and
            investment interest are deductible for AMT


                                                                             25
Adjustments
                    (slide 14 of 15)


• Itemized deductions not allowed for AMT:
  – Taxes and miscellaneous itemized deductions
    subject to the 2% AGI limit
• Gross income may include a refund of taxes
  deducted in prior years as an itemized
  deduction
  – A negative AMT adjustment is allowed for such
    refunds for AMT purposes


                                                    26
Adjustments
                    (slide 15 of 15)


• Other adjustments
  – AMT does not allow the standard deduction and
    personal and dependency exemptions




                                                    27
Preferences
                       (slide 1 of 5)


• Preferences tend to arise because of deductions
  or exclusions that provide substantial tax
  benefits
  – Unlike adjustments, preferences can only be
    positive (i.e., increase AMTI)
  – Thus, preferences reduce the benefits initially
    received when computing regular tax




                                                      28
Preferences
                       (slide 2 of 5)


• Percentage depletion
  – Preference is the amount of percentage depletion
    taken for regular tax which is in excess of the
    adjusted basis of the property at the end of the year




                                                            29
Preferences
                        (slide 3 of 5)


• Intangible drilling costs
  – Deductible currently for regular tax
  – The AMT preference is computed as follows:
    IDC expensed in the year incurred
    Minus: Deduction if IDC were capitalized and amortized
            over 10 years
    Equals: Excess of IDC expense over amortization
    Minus: 65% of net oil and gas and geothermal income
    Equals: Tax preference item

                                                             30
Preferences
                       (slide 4 of 5)


• Interest on private activity bonds
  – This interest is not taxable for regular tax purposes
    but is included in income for AMT purposes
  – Expenses incurred in carrying these bonds are not
    deductible for regular tax purposes, but offset the
    interest income in computing the AMT preference
  – Interest on private activity bonds issued after
    December 31, 2008 and before January 1, 2011 is
    not treated as a tax preference

                                                            31
Preferences
                     (slide 5 of 5)


• 50% exclusion of gain on sale of certain small
  business stock normally is excludible from
  gross income for regular tax
  – For 2009 and 2010, the 50% is increased to 75%
  – For 2011, the 75% is increased to 100%
  – For 2012, the percentage reverts to 50%
• 7% of the excluded amount is a tax preference
  for AMT

                                                     32
The Big Picture - Example 26
              Private Activity Bonds
• Return to the facts of The Big Picture on p. 12-1.

• Bob and Carol both have invested substantial
  amounts in private activity bonds all of which
  were issued in 2010.
   – A tax preference does not result for either Carol or
     Bob.




                                                            33
AMT Credit
• AMT attributable to timing differences is AMT
  Credit
  – Excess of AMT over AMT computed without
    timing differences
• AMT credit can be carried forward
  (indefinitely) to be used to offset regular
  income tax liability
  – Cannot carryback or use against AMT liability


                                                    34
Corporate AMT
                      (slide 1 of 4)


• Major differences in AMT rules for
  corporations
  – AMT rate is a flat 20%
  – Exemption amount is $40,000
     • Reduced by 25% of amount by which AMTI exceeds
       $150,000




                                                        35
Corporate AMT
                           (slide 2 of 4)


• Major differences in AMT rules for
  corporations (cont’d)
  – Adjusted current earnings (ACE) adjustment
     • Adjustment = 75% × (ACE – AMTI before ACE)
     • ACE employs some earnings and profits concepts but
       certain differences exist
     • Adjustment can be positive or negative
        – The negative adjustment is limited to the aggregate positive
          adjustments under ACE for prior years



                                                                         36
Corporate AMT
                                (slide 3 of 4)

• AMT is repealed for small corporations for tax years
  beginning after 12/31/97
   – A corporation is classified as a small corporation if both of
     the following apply
       • It was treated as a small corporation exempt from the AMT for all
         prior years beginning after 1997
       • Average gross receipts for the 3 year period ending before its
         current tax year did not exceed $7.5 million
           – $5 million if the corporation had only one prior tax year
   – However, if a corporation ever fails the gross receipts test,
     it is ineligible for small corporation classification in future
     tax years
                                                                             37
Corporate AMT
                    (slide 4 of 4)


• A new corporation is automatically classified
  as a small corporation its first tax year of
  existence




                                                  38
Minimum Tax Credit
• All of a corporation’s AMT is available for
  carryover as a minimum tax credit
  – Does not matter whether the adjustments and
    preferences originate from timing differences or
    AMT exclusions




                                                       39
Refocus On The Big Picture
• Bob contacts Adam, his tax return preparer, and explains in an
  excited voice that he believes that he underpaid his Federal
  income tax liability for 2012 by $15,000.
   – He is worried about the negative effects of an IRS audit.
• Adam examines the two tax returns and discovers that the
  difference relates to the treatment of the interest earned on the
  tax-exempt bonds.
   – Both Bob and Carol own tax-exempt bonds, including private activity
     bonds that usually are subject to the AMT.
   – However, Carol’s accountant, Eve, apparently overlooked the fact that
     interest on private activity bonds is not a tax preference for private
     activity bonds issued in 2010.
• So the $15,000 AMT that was reported on Carol’s Form 6251
  is in error.
   – Bob ‘‘texts’’ the good news to Carol that she is eligible for a Federal
     income tax refund.
                                                                               40
If you have any comments or suggestions concerning this
                    PowerPoint Presentation for South-Western Federal
                    Taxation, please contact:

                                                                  Dr. Donald R. Trippeer, CPA
                                                                      trippedr@oneonta.edu
                                                                          SUNY Oneonta




© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
                                                                                                                                                           41

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Ppt ch 12

  • 1. Chapter 12 Alternative Minimum Tax Individual Income Taxes © 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1
  • 2. The Big Picture (slide 1 of 2) • Bob and Carol are unmarried individuals who have been engaged for four months. They work for the same employer and – They earn identical compensation. – They have the same amount of gross income, including the same amount of investment income, which consists solely of interest income. – They have similar investments in tax-exempt bonds that produce identical amounts of interest income. – They also have the same amount of deductions. • Carol learns that she paid $15,000 more in Federal income taxes than Bob did for the tax year. 2
  • 3. The Big Picture (slide 2 of 2) • The above events raise a number of interesting questions for Bob and Carol that can be answered after completing this chapter. – Why didn’t Bob and Carol have the same tax liability? – Were both tax returns properly prepared? – Should Carol consider replacing her tax return preparer Eve with Adam? – Is it possible and/or desirable for Carol to file an amended return? – Should Bob do anything? • Read the chapter and formulate your response. 3
  • 4. Alternative Minimum Tax (AMT) • AMT is separate from, but parallel to, the regular income tax system • The AMT computation reconciles taxable income, through adjustments and preferences, with Alternative Minimum Taxable Income (AMTI) 4
  • 6. AMT Adjustments And Preferences (slide 1 of 3) • Most AMT adjustments relate to timing differences – Timing differences eventually reverse • Positive adjustments will be offset by negative adjustments in the future, and vice versa – Example - circulation expenditures • For regular income tax purposes, circulation expenditures can be deducted in the year incurred • For AMT purposes, however, circulation expenditures must be deducted over a three-year period • Certain AMT adjustments do not relate to timing differences – These adjustments result in a permanent difference between taxable income and AMTI • e.g., Itemized deductions 6
  • 7. AMT Adjustments And Preferences (slide 2 of 3) • AMT Preferences – Designed to take back all or part of the tax benefits obtained by certain items in the computation of taxable income for regular income tax purposes • Taxable income is increased by tax preference items effectively disallowing those tax benefits for AMT purposes 7
  • 8. AMT Adjustments And Preferences (slide 3 of 3) • Tax preferences include: – Percentage depletion in excess of basis – Excess intangible drilling costs – Interest on certain private activity bonds – Excess of accelerated over straight-line depreciation on real & leased personal property placed in service before 1987 – Excess of amortization allowance over depreciation on pre- 1987 certified pollution control facilities – 7% of the exclusion from gross income of gains on the sale of certain small business stock 8
  • 9. Other Components of AMT (slide 1 of 3) • Exemption amount – The exemption reduces AMTI to arrive at the base on which AMT is computed – The initial exemption amount is: • $48,450 for single • $74,450 for married, filing jointly • $37,225 for married, filing separately 9
  • 10. Other Components of AMT (slide 2 of 3) • Exemption amount – Exemption amount is reduced by 25% of AMTI in excess of • $112,500 for single • $150,000 for married, filing jointly • $75,000 for married, filing separately 10
  • 11. Other Components of AMT (slide 3 of 3) • AMT rates – A progressive rate structure is applied to the tax base (AMTI less exemption amount) • 26% on first $175,000 ($87,500 for married, filing separately) of tax base • 28% on remaining amount of tax base – Net capital gain and qualified dividend income included in AMT base are taxed at favorable alternative tax rates (15% or 0%) 11
  • 12. Personal Tax Credits • For tax years 2000–2012 – All nonrefundable personal credits can offset both the regular income tax (less foreign tax credit) and the AMT 12
  • 13. AMT Adjustments (slide 1 of 15) • Adjustments tend to arise from timing differences between regular tax and AMT – Adjustments can be positive or negative, and will generally reverse in later years 13
  • 14. Adjustments (slide 2 of 15) • Circulation expenditures – Amortized over 3 years for AMT • Expensed in year incurred for regular tax 14
  • 15. Adjustments (slide 3 of 15) • The AMT depreciation adjustment for real property applies only to real property placed in service before January 1, 1999 • For real property placed in service after December 31, 1998, MACRS recovery periods apply for AMT – Thus, the AMT adjustment is effectively eliminated 15
  • 16. Adjustments (slide 4 of 15) • For real property placed in service after 1986 (MACRS property) and before January 1, 1999 – AMT depreciation is computed under the alternative depreciation system (ADS) • Uses the straight-line method over a 40-year life – Regular tax MACRS lives are 27.5, 31.5, and 39 years 16
  • 17. Adjustments (slide 5 of 15) • Depreciation of post-1986 personal property – AMT method is 150% DB over ADS life – Regular tax is generally MACRS method based on 200% DB over shorter lives • Effective for personalty placed in service after 12/31/98, MACRS recovery periods are to be used for AMT – If 150% DB is elected for this property, there is no AMT adjustment 17
  • 18. Adjustments (slide 6 of 15) • Pollution control facilities – Depreciate under the ADS over appropriate class life for AMT • Amortize over 60 months for regular tax purposes – Effective for pollution control facilities placed in service after 12/31/98, MACRS recovery periods are to be used for AMT 18
  • 19. Adjustments (slide 7 of 15) • Mining exploration/development costs and research/experimental expenditures – Amortized over 10 years for AMT • Expensed in year incurred for regular tax purposes – Taxpayer may elect to capitalize and amortize over 10 years for regular tax purposes and thus avoid the AMT adjustment 19
  • 20. Adjustments (slide 8 of 15) • Completed contract method – AMT requires the use of percentage of completion method for long-term contracts rather than completed contract method 20
  • 21. Adjustments (slide 9 of 15) • Incentive stock options (ISOs) – The exercise of an ISO can cause income for AMT purposes that is not currently taxable for regular tax purposes • Excess of FMV over exercise price is adjustment in year stock is freely transferable or not subject to substantial risk of forfeiture 21
  • 22. Adjustments (slide 10 of 15) • Adjusted gain or loss – Since the adjusted basis of an asset can be different for regular tax and AMT, gain or loss recognized upon the disposition of an asset may vary for the two tax systems – Difference between regular tax gain (loss) and AMT gain (loss) is adjustment 22
  • 23. Adjustments (slide 11 of 15) • Passive activity losses - Not deductible in computing either the regular income tax or the AMT – Passive losses must still be recomputed for AMT using AMT provisions 23
  • 24. Adjustments (slide 12 of 15) • Net operating loss (NOL) – NOL must be recomputed for AMT using AMT provisions 24
  • 25. Adjustments (slide 13 of 15) • Itemized deductions allowed for AMT purposes include: • Casualty losses • Gambling losses • Charitable contributions • Medical expenses in excess of 10% of AGI • Estate tax attributable to IRD • Qualified interest – May differ from regular tax since only qualified residence and investment interest are deductible for AMT 25
  • 26. Adjustments (slide 14 of 15) • Itemized deductions not allowed for AMT: – Taxes and miscellaneous itemized deductions subject to the 2% AGI limit • Gross income may include a refund of taxes deducted in prior years as an itemized deduction – A negative AMT adjustment is allowed for such refunds for AMT purposes 26
  • 27. Adjustments (slide 15 of 15) • Other adjustments – AMT does not allow the standard deduction and personal and dependency exemptions 27
  • 28. Preferences (slide 1 of 5) • Preferences tend to arise because of deductions or exclusions that provide substantial tax benefits – Unlike adjustments, preferences can only be positive (i.e., increase AMTI) – Thus, preferences reduce the benefits initially received when computing regular tax 28
  • 29. Preferences (slide 2 of 5) • Percentage depletion – Preference is the amount of percentage depletion taken for regular tax which is in excess of the adjusted basis of the property at the end of the year 29
  • 30. Preferences (slide 3 of 5) • Intangible drilling costs – Deductible currently for regular tax – The AMT preference is computed as follows: IDC expensed in the year incurred Minus: Deduction if IDC were capitalized and amortized over 10 years Equals: Excess of IDC expense over amortization Minus: 65% of net oil and gas and geothermal income Equals: Tax preference item 30
  • 31. Preferences (slide 4 of 5) • Interest on private activity bonds – This interest is not taxable for regular tax purposes but is included in income for AMT purposes – Expenses incurred in carrying these bonds are not deductible for regular tax purposes, but offset the interest income in computing the AMT preference – Interest on private activity bonds issued after December 31, 2008 and before January 1, 2011 is not treated as a tax preference 31
  • 32. Preferences (slide 5 of 5) • 50% exclusion of gain on sale of certain small business stock normally is excludible from gross income for regular tax – For 2009 and 2010, the 50% is increased to 75% – For 2011, the 75% is increased to 100% – For 2012, the percentage reverts to 50% • 7% of the excluded amount is a tax preference for AMT 32
  • 33. The Big Picture - Example 26 Private Activity Bonds • Return to the facts of The Big Picture on p. 12-1. • Bob and Carol both have invested substantial amounts in private activity bonds all of which were issued in 2010. – A tax preference does not result for either Carol or Bob. 33
  • 34. AMT Credit • AMT attributable to timing differences is AMT Credit – Excess of AMT over AMT computed without timing differences • AMT credit can be carried forward (indefinitely) to be used to offset regular income tax liability – Cannot carryback or use against AMT liability 34
  • 35. Corporate AMT (slide 1 of 4) • Major differences in AMT rules for corporations – AMT rate is a flat 20% – Exemption amount is $40,000 • Reduced by 25% of amount by which AMTI exceeds $150,000 35
  • 36. Corporate AMT (slide 2 of 4) • Major differences in AMT rules for corporations (cont’d) – Adjusted current earnings (ACE) adjustment • Adjustment = 75% × (ACE – AMTI before ACE) • ACE employs some earnings and profits concepts but certain differences exist • Adjustment can be positive or negative – The negative adjustment is limited to the aggregate positive adjustments under ACE for prior years 36
  • 37. Corporate AMT (slide 3 of 4) • AMT is repealed for small corporations for tax years beginning after 12/31/97 – A corporation is classified as a small corporation if both of the following apply • It was treated as a small corporation exempt from the AMT for all prior years beginning after 1997 • Average gross receipts for the 3 year period ending before its current tax year did not exceed $7.5 million – $5 million if the corporation had only one prior tax year – However, if a corporation ever fails the gross receipts test, it is ineligible for small corporation classification in future tax years 37
  • 38. Corporate AMT (slide 4 of 4) • A new corporation is automatically classified as a small corporation its first tax year of existence 38
  • 39. Minimum Tax Credit • All of a corporation’s AMT is available for carryover as a minimum tax credit – Does not matter whether the adjustments and preferences originate from timing differences or AMT exclusions 39
  • 40. Refocus On The Big Picture • Bob contacts Adam, his tax return preparer, and explains in an excited voice that he believes that he underpaid his Federal income tax liability for 2012 by $15,000. – He is worried about the negative effects of an IRS audit. • Adam examines the two tax returns and discovers that the difference relates to the treatment of the interest earned on the tax-exempt bonds. – Both Bob and Carol own tax-exempt bonds, including private activity bonds that usually are subject to the AMT. – However, Carol’s accountant, Eve, apparently overlooked the fact that interest on private activity bonds is not a tax preference for private activity bonds issued in 2010. • So the $15,000 AMT that was reported on Carol’s Form 6251 is in error. – Bob ‘‘texts’’ the good news to Carol that she is eligible for a Federal income tax refund. 40
  • 41. If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact: Dr. Donald R. Trippeer, CPA trippedr@oneonta.edu SUNY Oneonta © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 41