Franklin W. Briggs - Page 11




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         is increased for his or her share of the pass-through amounts.               
         See sec. 1367(a)(1).10  Consequently, we assume that Briggs’ and             
         Mrs. Morris’ adjusted bases in their stock included their pro                
         rata shares of Towers Construction’s gas rebate earnings.  To                
         that extent, the distributions of the gas rebate payments would              
         give rise to no additional gross income apart from the pass-                 
         through amounts.  Because petitioners have not shown and the                 
         record does not otherwise establish any additional amounts of                
         adjusted basis in their Towers Construction stock, distributions             
         in excess of the pass-through amounts represent additional gross             
         income to Briggs and Mrs. Morris, which generally would be                   
         treated as gains from the sale or exchange of property.11  See               
         sec. 1368(b)(2).                                                             
              Without further refinement, this analysis would result in               
         Briggs and the Morrises having, for each taxable year in issue,              
         combined redetermined gross income from the gas rebate payments              


               10 An amount that is required to be included in the S                  
          corporation’s gross income on the shareholder’s tax return is               
          taken into account under these basis-adjustment rules only to the           
          extent “included in the shareholder’s gross income on his return,           
          increased or decreased by any adjustment of such amount in a                
          redetermination of the shareholder’s tax liability.”  Sec.                  
          1367(b)(1).  Since we herein redetermine petitioners’ gross                 
          incomes to include shares of Tower Construction’s gas rebate                
          income, their adjusted bases would be increased accordingly.                
               11 For taxable years 1986 and 1988, this potential problem             
          affects only Briggs, to the extent he received more than half of            
          the rebates.  For taxable year 1987, this potential problem                 
          affects only Mrs. Morris, to the extent the Morrises received               
          more than half of the rebates.                                              




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Last modified: May 25, 2011