- 12 - its shareholders, even when, as here, the shareholders' services helped to produce that income. An S corporation's income passes through to its shareholders not because they helped to create that income, but because they are shareholders. [Durando v. United States, supra at 552.] Here petitioner had accession to taxable income from two separate sources--one, as passthrough income from his S corporation, and the other as rental income from his individual activity of leasing boats to his corporation. The impact on petitioner, as a shareholder, of the disallowance of his S corporation’s deductions for the boat lease payments under section 274 is unrelated to his recognition of income as a lessor with respect to those same payments. “[S]ection 274 does not affect the includability of an item in, or the excludability of an item from, the gross income of any taxpayer.” Sec. 1.274-1, Income Tax Regs. The separate existence of petitioner’s S corporation means that petitioner as an individual generally can enter a transaction with the corporation as if he were unrelated to it, which petitioner has chosen to do in the case of the boat leasing transactions, but as a consequence petitioner’s distinct positions as shareholder and as unrelated lessor with respect to the corporation must be kept separate for tax purposes. The taxable incomes of a shareholder and his S corporation are computed separately, even though the corporation's taxable income is passed through to, and the tax thereon imposed upon, the shareholder. See sec. 1363(a) and (b). This separatePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011