- 12 - decrease the AAA by current year losses prior to determining the tax consequences of any distribution made during the taxable year. Secs. 1.1368-1(e), 1.1368-2(a)(4), Income Tax Regs. The regulations apply to tax years of a corporation beginning on or after January 1, 1994, and are not applicable to this case. Sec. 1.1368-4, Income Tax Regs. Ironically, during 1996 Congress amended section 1368(e) to provide for the result that petitioners seek. Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1309(c)(2), 110 Stat. 1755, 1784. Section 1368(e)(1)(C), as amended, provides that the AAA is adjusted for distributions made during the year without regard to any net negative adjustment for the year. A net negative adjustment is the excess of reductions in the AAA for losses and deductions for the year over any increase in the AAA for the year. The amendment applies to tax years beginning after December 31, 1996. The legislative history of section 1368(e)(1)(C) makes it clear that Congress intended to effect a change in the existing law. Congress characterized the existing law as follows: Under present law, income (whether or not taxable) and expenses (whether or not deductible) serve, respectively, to increase and decrease an S corporation shareholder's basis in the stock of the corporation. These rules require that the adjustments for items of both income and loss for any taxable year apply before the adjustment for distributions applies. These rules limiting losses and allowing tax-free distributions up to the amount of the shareholder's adjusted basis are similar in certain respects to the rules governing the treatment of losses and cash distributions by partnerships. Under the partnership rules (unlike the S corporation rules), for any taxablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011