- 24 - rather payments with respect to petitioner's stock. (See infra pp. 27-30 for a discussion of petitioner's basis in GAPS and JJM by virtue of these contributions.) (c) Tax Treatment of Corporate Distributions Section 301 provides a three-tiered sequence for determining the tax treatment of corporate distributions. Sec. 301(c). First, the distributions are dividends, as determined under section 316, to the extent of the corporation’s earnings and profits. Sec. 301(c)(1). Second, further distributions are nontaxable returns of capital to the extent of the shareholder’s basis in the stock of the corporation. Sec. 301(c)(2). Third, further distributions are capital gain to the extent they exceed the shareholder’s basis in his stock. Sec. 301(c)(3). Corporate distributions are dividends to the extent of corporate earnings and profits. Sec. 316. The parties stipulated to using current earnings and profits only. Respondent contends that GAPS's and JJM's 1989 current earnings and profits were $65,367 and $22,257, respectively. Petitioners contend that GAPS's 1989 earnings and profits were between $51,174 and $65,376, and that JJM's 1989 earnings and profits were between $17,664 and $23,365. Petitioners did not explain the factors that created the ranges of earnings and profits argued in their briefs. They did, however, argue that certain items, such as accrued taxes,Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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