- 37 - necessarily taxable. A loan by a corporation to a stockholder or by a trust to a beneficiary is generally not taxable unless forgiven. Generally, only distributions to stockholders by a C corporation out of its earnings and profits are taxable. See secs. 301, 316(a). Nor does the stockholder of an S corporation necessarily have taxable income attributable to distributions received from and/or the operations of that corporation. That is because of the different and, at times, complex rules in sub- chapter S of the Code. Generally, an S corporation is not subject to tax, see sec. 1363(a), but each stockholder of an S corporation must take into account in such stockholder's income tax return for the year in which the taxable year of the S corporation ends, inter alia, such stockholder's pro rata share of that S corporation's items of income, loss, and deduction, see sec. 1366(a)(1)(A). Moreover, a distribution of property by an S corporation to a stockholder is not necessarily taxable. See sec. 1368. Finally, a distribution to a beneficiary from a trust subject to subchapter J of the Code is not necessarily taxable to that beneficiary. That is because of the different and, at times, complex rules in subchapter J of the Code. For example, a 29(...continued) for its purchase of the Illinois land in February 1988 in respect of which it borrowed $50,000 from the Champaign National Bank, Trust 768 conducted no activities during the years at issue except for maintaining an account at that bank. We assume for discussion purposes that it was subject to subchapter J of the Code.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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