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
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