- 27 - to prevent the attribution of the dealership’s LIFO reserves to petitioner. Section 1363(d)(4)(D) provides: (D) Not treated as member of affiliated group.–- Except as provided in regulations, the corporation referred to in * * * [section 1363(d)(1)] shall not be treated as a member of an affiliated group with respect to the amount included in gross income * * * Simply stated, section 1363(d)(4)(D) requires that a member of an affiliated group that elects to be an S corporation be treated as an independent entity for purposes of determining the amount included in gross income. Section 1363(d)(4)(D) requires only a converting member of the affiliated group (rather than each member of the affiliated group) to be responsible for the tax imposed on the recapture of the corporation’s LIFO reserves. See S. Rept. 100-445, at 438 (1988). Section 1363(d)(4)(D) does not prohibit attribution of the inventory and LIFO reserves to petitioner in this case. To conclude, we hold that the aggregate approach (as opposed to the entity approach) better serves the underlying purpose and scope of section 1363(d) in the circumstances of this case. Consequently, petitioner is deemed to own a pro rata share ($4,792,372) of the dealerships’ inventories. Accordingly, we hold that upon its election of S corporation status, petitioner was required to include in its gross income its ratable share of the LIFO recapture amount. In reaching our conclusions, we have considered carefully all arguments made by the parties for a result contrary to thatPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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