- 2 - 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 It was repealed by sec. 1307(c)(1) of the Small Business Job Protection Act of 1996, Pub.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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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