Joseph D. & Elizabeth M. Dunne - Page 19




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          Federal income tax purposes before the settlement date of June              
          22, 1998, we assume that petitioners’ argument is only that the             
          amount of the arbitration award would somehow be relevant to Mr.            
          Dunne’s shareholder status or the amount of FRC’s income that is            
          taxable to petitioners.  However, this is incorrect because the             
          amount that Mr. Dunne was entitled to receive from the                      
          arbitration award is irrelevant for determining his shareholder             
          status or tax liability.  See Chen v. Commissioner, T.C. Memo.              
          2006-160; Knott v. Commissioner, T.C. Memo. 1991-352.  The amount           
          that Mr. Dunne received from the arbitration award may be                   
          relevant for the purpose of determining Mr. Dunne’s basis in his            
          FRC stock, but that matter is not at issue in this case.                    
               Petitioners also argue that they are not liable for tax on             
          FRC’s income in 1997 because Mr. Dunne was not the beneficial               
          owner of his FRC shares in 1997, and for that reason alone his              
          1997 Schedule K-1 is incorrect.  Petitioners do not dispute that            
          FRC had a valid S corporation election in effect in 1997, that              
          the amount of FRC’s income and loss reported on its Form 1120S is           
          correct, or that the total amount of income and loss reported on            
          the Schedules K-1 is consistent with FRC’s Form 1120S.                      
               Section 1366(a)(1) provides that in determining the income             
          tax liability of an S corporation shareholder, the shareholder              
          shall take into account his pro rata share of the S corporation’s           
          items of income, loss, deduction, and credit (tax items) for the            







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