- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011