- 39 - ESTATE IS TO BE TREATED AS ADJUSTED INCOME FROM RENTS, AS PER CODE SEC. 543(A)(2) AND (B)(3). """SEE ATTACHED""" CHAR-LIL CORPORATION'S ADJUSTED INCOME FROM RENTS, AS DEFINED MEETS THE 50% TEST AND THE 10% TEST TO BE EXCLUDABLE FROM PERSONAL HOLDING COMPANY INCOME, AS PER CODE SECS. 541-547. IT IS OUR CONCLUSION THAT CHAR-LIL CORPORATION IS NOT SUBJECT TO PERSONAL HOLDING COMPANY TAX BECAUSE IT DOES NOT MEET THE 60% TEST ON PERSONAL HOLDING COMPANY INCOME! """SEE ATTACHED""" In the case of petitioner's returns for 1989 through 1993, petitioner argues that there was adequate disclosure because the personal holding company tax issue is apparent from the face of each return. In support of that argument, petitioner points to the testimony of respondent's revenue agent, who stated that he identified the issue based upon a review of petitioner's 1993 return. The agent's testimony on cross-examination on this point is as follows: Q Mr. Neubauer, you testified that, at the time you began the audit, you identified the personal holding company issue as a subject of your audit. Is that correct? A Potentially, the personal holding company tax could apply. Q What--on what basis did you make that identification of that audit issue? A Just the--just with the comparison of the interest income versus the rents.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011