Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 49

                                         49                                           
          deductions to the corporate partners for amounts included in                
          distributable income of the partnership would result in doubly              
          taxed income.  To the extent that the funds were merely                     
          transferred through Pertinax to Mr. Munro, Pertinax did not                 
          actually receive gross income that should properly increase                 
          partnership income distributable to its partners.                           
               Neither party complied with our request.  Because of the               
          difficulty in tracing that we have mentioned, it is possible that           
          some of those amounts may have been reported in years not before            
          us.24  Nevertheless, we believe that the bulk of the disallowed             
          payments made by the corporate partners to Pertinax was used by             
          Pertinax to make payments to Mr. Munro that exceeded reasonable             
          compensation during the years before us.  We will give                      
          petitioners a last opportunity, during the Rule 155 computation,            
          to establish the mathematical computations and corrections                  
          necessary to avoid this problem.  See The Home Group, Inc. v.               

          24We realize that the double taxation we are concerned about                
          would occur in two different taxable years of the corporate                 
          petitioners.  The disallowance of the payments made to Pertinax             
          by Alondra and Edco occurs during their fiscal years ending June            
          30 and Sept. 30, 1987, respectively.  The Pertinax income on                
          which they would be taxed as a result of the Pertinax                       
          disallowance of deductions would be taxed to them in their                  
          immediately following fiscal years ending June 30 and Sept. 30,             
          1988, respectively.  This is because Pertinax is on a calendar              
          year, consistently with the limitations of sec. 706(b), and its             
          partners include within their income for a taxable year of theirs           
          any sec. 702 distributive share taxable income with respect to a            
          partnership for any taxable year of the partnership ending within           
          or with the taxable year of the partner.  Sec. 706(a).  However,            
          the fact that the corporate petitioners would not be taxed on               
          their distributive shares of the phantom income before us here              
          until their following tax year, which is not before us, would not           
          obviate the double taxation danger we see here.                             



Page:  Previous  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Last modified: May 25, 2011