- 41 - 1.1367-1(b), (d)(1), Income Tax Regs. Respondent does not account for the Gownis’ increased basis in their Tomson stock in arguing that the payments that the Gownis received from Tomson during 1998 and 1999 should be included in income. Instead, respondent contends that Tomson could not have made a “distribution” to the Gownis after May 29, 1998, because Tomson’s checking account balance was $8,177 on that date. Respondent appears to be arguing that a corporation’s checking account balance is determinative on the issue of whether a corporation made a distribution of property to a shareholder. Respondent does not cite any authority for this proposition, and we see no reason to adopt such an arbitrary approach. Section 1368(a) directs that a distribution of property made by an S corporation with respect to its stock is generally treated in the manner provided in either section 1368(b) or section 1368(c), whichever applies. For purposes of section 1368(a), “property” means money, securities, and any other property, except that such term does not include stock in the corporation making the distribution (or rights to acquire such stock). Sec. 317(a). Respondent determined that the Gownis received distributions of money from Tomson in 1998 and 1999 totaling $101,000 and $50,610, respectively. Respondent has not argued that these distributions were made to the Gownis for any reason other than their ownership of Tomson stock. Consequently, section 1368(a) governs the treatment of these distributions.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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