- 11 - They also received loan repayments from PMSI of $240,590 in 1995 and $60,815 in 1996. Petitioners’ individual income tax return for 1997 was due on October 15, 1998. The return was prepared in March 1999 and filed on May 13, 1999. OPINION A shareholder in an S corporation must take into account his or her pro rata share of the corporation’s income or loss. Sec. 1366(a). PMSI is a subchapter S corporation, and Ms. Peacock is its only shareholder. We must determine the extent of PMSI’s deductions for its fishing activity that enter into the computation of its income or loss. Respondent denied some of those deductions, determining that the fishing activity was not engaged in for profit. Respondent also determined that petitioners could not deduct the claimed bad debt and that they were liable for the addition to tax and the accuracy-related penalties mentioned above. Petitioners have not argued that either section 7491(a) or (c) applies to this case. Moreover, the record does not indicate that respondent’s examination of the subject years commenced after July 22, 1998. Seeing that section 7491 applies only to court proceedings arising from examinations commencing after July 22, 1998, Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727, wePage: 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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