- 28 - reporting corporation at the time the two conduct a transaction, refuses to authorize the reporting corporation to act as its agent. In that situation, the reporting corporation "would generally be subject to the disallowance rule [noncompliance penalty] with respect to transactions" with the related party taking place prior to the time the reporting corporation became aware that section 6038A would apply. See H. Rept. 101-247, at 1299 (1989). Although this result could be called "harsh", the House report anticipated that no exception would be made unless, among other conditions, the reporting corporation did not know or have reason to know that it was conducting transactions with a related party. Id. There is no evidence, and petitioner does not argue, that it did not know that it was engaged in transactions with its sole shareholder during petitioner's 1991 tax year. We reject petitioner's argument that section 6038A should not apply because petitioner allegedly was unable to compel its onetime sole shareholder to authorize petitioner as its agent for purposes of section 6038A. We deal next with petitioner's "successor in interest" argument. The term "successor in interest" is not defined in section 6038A or its regulations. Petitioner argues that Worltek, a domestic corporation, is a successor in interest toPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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