- 2 - allegations contained in the petitions regarding: (1) The impact (if any) of the underlying adjustments on shareholder basis and (2) the accuracy-related penalty under section 6662(a).1 As explained in detail below, we shall grant respondent's motions in part by striking: (1) All allegations in the petitions regarding the specific amounts of the individual shareholders' bases in their stock and (2) all allegations pertaining to the accuracy- related penalties under section 6662(a). However, we shall deny respondent's motions in respect of the allegations in the petitions that the underlying adjustments in these cases, if sustained, generally will result (as a matter of law) in bases adjustments at the shareholder level. Background Allen's Hatchery, Inc. (Hatchery), an S corporation organized under the laws of Delaware, is in the business of hatching and raising live broiler chickens for resale to chicken processors. Allen Family Foods, Inc. (Foods), an S corporation also organized under the laws of Delaware, is in the business of processing broiler chickens for sale to food retailers. Hatchery and Foods are considered brother-sister corporations insofar as they have the same controlling shareholders. 1 Unless otherwise indicated, all section references are to sections of the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011