Ohio Periodical Distributors, Inc., f.k.a. Scott Krauss News Agency, Inc., Ronald E. Scherer Trust and Linda S. Hayner Trust, Persons Other Than the Tax Matters Person - Page 5

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            taxable year.  At about the same time, the Commissioner also                              
            issued Notices of Final S Corporation Administrative Adjustment                           
            for the corporation's 1986, 1987, and 1988 taxable years.                                 
                  The Ronald E. Scherer Trust (the "Scherer Trust") was the                           
            Tax Matters Person of the corporation, for purposes of section                            
            6231(a)(7), and a Notice Person of the corporation for purposes                           
            of sections 6226(b)(1) and 6231(a)(8).  The Linda S. Hayner Trust                         
            (the "Hayner Trust") was also a Notice Person of the corporation.                         
            The Scherer Trust, as Tax Matters Person, failed to file a                                
            petition for readjustment of subchapter S items within the period                         
            specified in section 6226(a).  However, the Scherer Trust and the                         
            Hayner Trust, as Notice Persons, timely filed a petition for                              
            readjustment of subchapter S items under section 6226(b).                                 
                  The parties have reached an agreement on all issues save the                        
            treatment of adjustments to closing inventory and to cost of                              
            goods sold pursuant to section 1.458-1(g), Income Tax Regs.                               
            Petitioners contend that section 1.458-1(g), Income Tax Regs., is                         
            invalid.  However, the parties have stipulated that if this Court                         
            determines that the regulation is valid, the adjustments made by                          
            the Commissioner are proper and should be allowed in their                                
            entirety.                                                                                 
                  Section 458(a) provides that an accrual basis taxpayer "may                         
            elect not to include in * * * gross income for the taxable year                           
            the income attributable to the qualified sale of any magazine,                            
            paperback, or record which is returned to the taxpayer before the                         




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