- 8 - legal services. If he was a shareholder in Niesar Pahl, then petitioners must take account of petitioner’s pro rata share of Niesar Pahl’s income and certain other items. Second, we must determine whether petitioners failed to report an automobile allowance in the amount of $6,500 received by petitioner from Niesar Pahl in 1990. Third, we must decide whether, in failing to report such automobile allowance, petitioners were negligent. II. Was Petitioner a Shareholder In Niesar Pahl? Section 1366 requires a shareholder of an S corporation to include in his gross income his pro rata share of the corporation’s items of income and deduction. A shareholder of an S corporation must include those items in his gross income in his taxable year in which the taxable year of the S corporation ends. Sec. 1366(a). Courts look to beneficial ownership, and not merely to legal title, in order to determine whether a taxpayer is a shareholder of a corporation for Federal income tax purposes: “taxation is not so much concerned with the refinements of title as it is with actual command over the property taxed--the actual benefit for which the tax is paid.” Frank Lyon Co. v. United States, 435 U.S. 561, 572 (1978) (quoting Corliss v. Bowers, 281 U.S. 376, 378 (1930)). We have described in the following terms the inquiry necessary to determine whether, by purchase, an individual has become the owner of shares of stock of a corporation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011