KRP, Inc., Roy G. Johnson, Tax Matters Person - Page 11




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          subchapter S item.  See supra pp. 6-8.  Thus, an S corporation’s            
          income tax liability under subtitle A is determined by taking               
          into account the built-in gains tax of that corporation.                    
          Therefore, the S corporation is treated as a party to the                   
          proceeding.9  Secs. 6226(a), 6244.  We conclude that KRP is a               
          party to this proceeding and that we have jurisdiction to enter a           
          decision against KRP regarding the built-in gains tax.                      
               To reflect the foregoing,                                              
                                             An appropriate order will be             
                                        issued denying petitioner’s motion            
                                        for partial summary judgment.                 















               9  If S corporations could not be parties to the corporate             
          level proceedings, then S corporations would be prevented from              
          contesting built-in gains tax adjustments contained in FSAAs.               
          See supra pp. 6-8 (holding that the built-in gains tax is a                 
          subch. S item and that the appropriate way for the Commissioner             
          to determine a built-in gains tax adjustment is via an FSAA).               
          This would not make sense as the Court has jurisdiction to                  
          determine all subch. S items of the corporation for the taxable             
          year to which the FSAA relates.  Secs. 6226(f), 6244.                       





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