Janice L. Morris - Page 37

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          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.                                                                       




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