Allen Family Foods, Inc. - Page 3




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          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 their                   






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Last modified: May 25, 2011