Primco Management Company, Alfred Dreyfus Goldman Revocable Living Trust, Alfred D. Goldman, Fiduciary, Tax Matters Person - Page 4

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          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".                                                                




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