Allen Family Foods, Inc. - Page 14




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          would have jurisdiction to decide whether such adjustments result           
          in constructive corporate distributions and/or shareholder                  
          contributions in these corporate level proceedings.  The parties            
          agree that, in this context, constructive corporate distributions           
          and/or shareholder contributions qualify as subchapter S items.             
          As such, the corporation must either record these items on its              
          books and records or provide information regarding these items to           
          its shareholders.                                                           
               Under the circumstances, we agree with petitioners that the            
          legal question whether such constructive corporate distributions            
          and/or shareholder contributions generally will result in                   
          adjustments to the bases of the individual shareholders in their            
          S corporation stock constitutes a subchapter S item within the              
          meaning of the flush language of section 301.6245-1T(c)(2) and              
          (3), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3004 (Jan.              
          30, 1987).  Section 301.6245-1T(c)(2)(iii), Temporary Proced. &             
          Admin. Regs., supra, provides in pertinent part:                            
               To the extent that a determination of an item relating                 
               to a contribution can be made from these and similar                   
               determinations that the corporation is required to                     
               make, that item is a subchapter S item.  To the extent                 
               that the determination requires other information,                     
               however, that item is not a subchapter S item.                         
          In short, we conclude that the legal question concerning the                
          proper basis treatment in respect of a constructive corporate               
          distribution and/or shareholder contribution qualifies as an item           
          relating to a contribution or distribution that can be determined           





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