Allen Family Foods, Inc. - Page 2




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          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.            




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Last modified: May 25, 2011