- 9 - These adjustments form the basis of the adjustments to the shareholder pro rata income of CWS here in dispute. For each year in issue, respondent also determined that the underpayment of tax required to be shown on petitioner’s return is due to negligence and/or a substantial understatement of income tax. Discussion 1. Shareholder Pro Rata Income From CWS Petitioner now agrees that the shareholder pro rata income from CWS reported on his return for each year is understated and that the understatement is measured by the disallowed business expense deductions claimed by CWS. Furthermore, although he disputes respondent’s computation of the amount, petitioner now agrees that CWS realized capital gain income from the distribution of the Mystic Lake property, see secs. 311(b), 1371(a); Martin Ice Cream Co. v. Commissioner, 110 T.C. 189, 219-220 (1998); Eustice & Kuntz, Federal Income Taxation of S Corporations, par. 1.03(2)(d)(ii), at 1-61, par. 8.02(1)(a), at 8-24, par. 8.04(9), at 8-79 (4th ed. 2001), and that a like amount of capital gain should have been included in the shareholder pro rata income reported on petitioner’s 1995 Federal income tax return. According to petitioner, however, respondent’s computation of the capital gain is overstated because respondent overstated the fair market value of the property and understated the adjusted basis of the property.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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