- 5 - 1997, and 1998 arise from respondent’s determination that petitioner is liable for the section 1374 built-in gains tax for franchise payments it received in those years. Petitioner contends that the built-in gains tax is not a subchapter S item and that section 301.6245-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3003 (Jan. 30, 1987), which defines a subchapter S item to include the section 1374 built-in gains tax, is invalid. As discussed next, we agree with respondent. B. Subchapter S Unified Audit and Litigation Procedures The S corporation audit and litigation procedures, sections 6241–6245, were enacted to provide a method for unified treatment of subchapter S items among the shareholders. Subchapter S Revision Act of 1982, Pub. L. 97-354, sec. 4(a), 96 Stat. 1691; see S. Rept. 97-640, at 25 (1982), 1982-2 C.B. 718, 729; see also Katz v. Commissioner, 116 T.C. 5, 12 n.7 (2001); Hang v. Commissioner, 95 T.C. 74, 77-78 (1990). A subchapter S item is any item of an S corporation to the extent regulations provide that the item is more appropriately determined at the corporate level than at the shareholder level. Sec. 6245; Dial U.S.A., Inc. v. Commissioner, 95 T.C. 1, 4 (1990). The correct tax treatment of subchapter S items is determined in a unified proceeding at the corporate level rather than in separate actions against each shareholder. Secs. 6241 and 6242; Univ. Heights at Hamilton Corp. v. Commissioner, 97Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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