- 14 - 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 determinedPage: 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