Impact Research Corporation, Joan C. Benz, Tax Matters Person - Page 2




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               buy all the assets of S-1 and S-2 in exchange for stock in             
               A.  S-1 and S-2 each deducted under sec. 174, I.R.C. 1954,             
               the amounts each assertedly paid to A to conduct the                   
               research and development activities.                                   
                    Held: Neither S-1 nor S-2 is entitled to a deduction              
               under sec. 174, I.R.C. 1954, because the amounts S-1 and S-2           
               allegedly paid to A were not paid in connection with S-1's             
               and S-2's respective trades or businesses.                             


               Cheryl R. Frank and Gerald W. Kelly, Jr., for petitioners.             
               Lindsey D. Stellwagen, for respondent.                                 


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               CHABOT, Judge: By separate notices of final S corporation              
          administrative adjustment (hereinafter sometimes referred to as             
          FSAA) respondent determined adjustments to the 1984 S corporation           
          income tax returns of Impact Research Corporation (hereinafter              
          sometimes referred to as IRC) and Research Impact Corporation               
          (hereinafter sometimes referred to as RIC).2  For IRC, respondent           



               2This method of resolving disputes regarding subchapter S              
          items was enacted by sec. 4 of the Subchapter S Revision Act of             
          1982, Pub. L. 97-354, 96 Stat. 1669, 1691, 1697, effective for              
          taxable years beginning after Dec. 31, 1982.  It was repealed by            
          sec. 1307(c)(1) of the Small Business Job Protection Act of 1996,           
          Pub. L. 104-188, 110 Stat. 1755, 1781, 1787, effective for                  
          taxable years beginning after Dec. 31, 1996.  The year in issue             
          in the instant cases is 1984, a year to which this method                   
          continues to apply.  Thus, even though both of the FSAAs here               
          involved were issued after the 1996 repeal, we concur with the              
          parties’ position that this Court has jurisdiction to resolve the           
          parties’ disputes in the instant cases.  See New York Football              
          Giants, Inc. v. Commissioner, 117 T.C. 152, 154 n.3 (2001).                 





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