- 10 - separate treatment of which could affect the liability for tax of any shareholder". Sec. 1366(a)(1)(A).4 Moreover, the subchapter S regime incorporates all "nonseparately computed income or losses". Sec. 1366(a)(1)(B). Under section 1367(a)(1)(A), income that is enumerated in section 1366(a)(1)(A) increases a shareholder's basis in a subchapter S corporation's stock. Section 1366(f), however, specifies exceptions to the overall statutory scheme, none of which is implicated here. The parties' dispute herein centers on the language in section 108(d)(7)(A). Specifically, the parties differ on the precise meaning of the phrase, "In the case of an S corporation, * * * [section 108] shall be applied at the corporate level." Sec. 108(d)(7)(A). Respondent argues that section 108(d)(7)(A) represents an adjustment and/or exception to the principles underlying the subchapter S provisions that items of income realized or recognized at the corporate level are passed through to the shareholders. On the other hand, petitioner contends that section 108(d)(7)(A) stands for the proposition that prior to the determination of an individual shareholder's income tax liability, the S corporation must be ascertained to be insolvent. 4This Court addressed facts similar to those found in the instant case when we ruled on cross-motions for summary judgment in Winn v. Commissioner, T.C. Memo. 1997-286. The Winn case has been withdrawn in accordance with T.C. Memo. 1998-71 released this date.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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