- 4 - Distributions ($323,399) Loss (217,341) Contributions (1,730) Nondeductible officer insurance (4,355) Sec. 274(n) expenditures (83,214) Nondeductible fines (1,225) Interest income 17,930 OPINION The controversy here is not over whether or which reductions should be made to the AAA, but the order in which they are to be made. The adjustments are to be made to the accumulated adjustments account, which was statutorily created to track certain aspects and the character of S corporation distributions. In particular, the issue is whether an S corporation's AAA must first be reduced by losses incurred by the S corporation for the taxable year prior to determining the tax treatment of shareholder distributions made during the year. Petitioners argue that the tax treatment of distributions should be considered prior to the consideration of annual losses, and respondent argues the converse. In order to understand the technical aspects of the controversy, it is necessary to understand some of the background concerning the S corporation provisions and the purpose of the statutes in question. Sections 1367 and 1368 were enacted as part of the Subchapter S Revision Act of 1982, Pub. L. 97-354, 96 Stat. 1669. An S corporation, like a partnership, is a pass through entity and, with certain exceptions, the shareholders report gain or loss irrespective of any distributions made to them. Generally, under sections 1367 and 1368, shareholder distributions are to be tax-free to the extent of the distributee's stock basis. FurtherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011