123 T.C. No. 8 UNITED STATES TAX COURT LAWRENCE G. WILLIAMS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 10314-02, 3262-03. Filed July 22, 2004. P filed for bankruptcy on Dec. 3, 1990, at which time he owned all of the shares of two S corporations. Both S corporations sustained operating losses for 1990. P reported the pro rata portion of the 1990 losses attributable to the prebankruptcy period on his individual tax return for 1990, resulting in a net operating loss, which he carried forward through 2000. P was discharged in bankruptcy in 1997. R disallowed the losses and issued notices of deficiency for 1996- 2000. 1. Held: Where P, an individual S corporation shareholder, filed for bankruptcy before the corporation’s yearend, operating losses sustained by the corporation during the year in which he filed for bankruptcy are reported by the bankruptcy estate, not P, because income or loss of an S corporation is determined as of the last day of the corporation’s taxable year.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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