J. Michael Joly and Bonnie B. Joly, Jody Steven Joly, and David Andrew Joly - Page 15

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               After reviewing the statutory notices of deficiency and                
          subsequent computations referred to supra, we find that                     
          respondent has not adjusted Michael's, Jody's, and David's                  
          adjusted bases in their stock in accordance with the applicable             
          law.  For the taxable years in issue, a shareholder's adjusted              
          basis in the stock of an S corporation is:  (1) Increased by the            
          shareholder's pro rata share of the corporation's income; (2)               
          decreased by the shareholder's pro rata share of the                        
          corporation's losses and deductions; and (3) decreased by the               
          amount of the shareholder's section 1368 distributions.  Sec.               
          1367; sec. 1.1367-1(e), Income Tax Regs.  Respondent erroneously            
          flip-flopped steps (2) and (3) by decreasing the adjusted bases             
          by the amounts of the shareholders' distributions before                    
          decreasing the adjusted bases by the amounts of the shareholders'           
          pro rata shares of losses and deductions.4                                  
               We hold that the amounts of Michael's, Jody's, and David's             
          recognized losses and gains with respect to their stock in the              
          corporation must be computed in a manner consistent with the law            
          in effect during the taxable years in issue, as explained supra.            

          4        For taxable years beginning after Dec. 31, 1996, the               
          Small Business Job Protection Act of 1996, Pub. L. 104-188, sec.            
          1309(a)(1), 110 Stat. 1755, 1783, amended the parenthetical                 
          language in sec. 1366(d)(1)(A) to read "(determined with regard             
          to paragraphs (1) and (2)(A) of section 1367(a) for the taxable             
          year)".  The effect of this amendment was to change the order of            
          the basis adjustments to that used by respondent in the statutory           
          notices of deficiency.  See H. Rept. 104-586, at 89 (1996), 1996-           
          3 C.B. 331, 427.  This amendment, however, is not applicable to             
          the taxable years in issue.                                                 




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