- 3 - Respondent issued notices of final S corporation administrative adjustment (FSAA’s) with respect to Hatchery and Foods setting forth various adjustments to their corporate income tax returns for their taxable years ending in 1994, 1995, and 1996. Respondent determined, inter alia, that Hatchery sold its broiler chickens to Foods at prices below the arm's-length price mandated by section 482. As a consequence, respondent adjusted Hatchery's returns by increasing the gross income that Hatchery earned on its sale of broiler chickens to Foods during the years in issue and, concomitantly, adjusted Foods’ returns by increasing Foods' costs of goods sold for the years in issue. The FSAA issued with respect to Hatchery included as an attachment an International Examiner's Report that stated that accuracy-related penalties under section 6662 should be imposed at the individual shareholder level. The tax matters persons for Hatchery and Foods, referred to collectively as petitioners, filed timely petitions for readjustment contesting the FSAA’s. Paragraphs 6(h) through (m) of those petitions allege as follows: Paragraphs 6(h) of both the Hatchery and Foods petitions allege that the Commissioner erred in failing to determine that the additional income allocated to Hatchery for each of the years in issue should be treated as a constructive distribution to Hatchery's shareholders in amounts proportionate to theirPage: 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