- 2 - The deficiency is based on an adjustment to the income of petitioners’ wholly owned S corporation and a corresponding increase in petitioners’ distributive share of the S corporation’s income. The adjustment stems from the disallowance of: (1) A deduction for a $300,000 “profit participation fee” purportedly paid in 1989 by the S corporation to petitioners’ wholly owned C corporation; and (2) travel and automobile expenses claimed by the S corporation. (An S corporation’s income is passed through to its shareholders; thus, the disallowance of deductions claimed by an S corporation results not only in an increase in the income of the S corporation but also in an increase in the shareholders’ distributive shares of the S corporation’s income.) In their petition, petitioners contest the increase to their distributive share of the S corporation’s 1989 income, as well as the imposition of the section 6662(a) accuracy-related penalty. By way of an amendment to their petition, petitioners assert entitlement to a business bad debt deduction in 1990, which, if petitioners are correct, can be carried back to 1989, the year at issue. Accordingly, the issues for decision are: (1) The propriety of the $300,000 “profit participation fee” deduction claimed by petitioners’ wholly owned S corporation; (2) the propriety of travel and automobile expense deductions claimed by petitioners’ wholly owned S corporation; (3) whether petitioners’ advances toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011