- 4 -
Goldman.4 The amendment to petition restates the position that
Primco is not subject to the unified S corporation audit and
litigation procedures.
Petitioner subsequently filed a Motion to Dismiss for Lack
of Jurisdiction consistent with the position outlined above.
Respondent filed an objection to petitioner's motion to dismiss.
This matter was called for hearing at the Court's motions
session in Washington, D.C., on May 28, 1997. Counsel for the
parties appeared at the hearing and presented argument with
respect to petitioner's motion.
Discussion
The issue to be decided is whether the unified S
corporation audit and litigation procedures contained in sections
6241-6245 apply to Primco, an S corporation whose sole
shareholders during the years in issue were two grantor trusts.
If we conclude that the unified procedures do not apply, then the
FSAA issued to Primco is invalid, and we must dismiss this case
for lack of jurisdiction.
Subchapter D of chapter 63 of subtitle F was codified by
section 4(a) of the Subchapter S Revision Act of 1982, Pub. L.
4 Notwithstanding the recitals in the amendment to
petition, the Court ultimately changed the caption of this case
to read "Primco Management Company, Alfred Dreyfus Goldman
Revocable Living Trust, Alfred D. Goldman, Fiduciary, Tax Matters
Person, Petitioner v. Commissioner of Internal Revenue,
Respondent".
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011