Glenn Hightower - Page 20

                                       - 20 -                                         
               2.   Petitioner’s Contentions                                          
               When the record owner of S corporation stock holds that                
          stock for the benefit of another, such as a nominee, agent, or              
          passthrough entity, income, losses, deductions, and credits of              
          the corporation are passed through not to the record owner but to           
          the beneficial owner of the stock.  Sec. 1.1361-1(e), Income Tax            
          Regs.  A taxpayer is the beneficial owner of property if the                
          taxpayer controls the property or has the economic benefit of               
          ownership of the property.  Anderson v. Commissioner, 164 F.2d              
          870 (7th Cir. 1947), affg. 5 T.C. 443 (1945).                               
               Petitioner contends, in effect, that he was not the                    
          beneficial owner of his Green Hills stock in 2000, and no Green             
          Hills income passes through to him, because beginning before 2000           
          O’Dowd improperly excluded him from the benefits of ownership of            
          that stock.  We disagree.                                                   
               First, petitioner has cited no authority for the proposition           
          that a record owner of S corporation stock is not subject to pass           
          through of S corporation income because the record owner has a              
          diminished role in the corporation as a result of having a poor             
          relationship with another shareholder.  Courts have frequently              
          considered whether an individual is a beneficial owner of the               
          stock of an S corporation in deciding whether that person will be           
          treated as a shareholder of that corporation for tax purposes.              
          See, e.g., Pahl v. Commissioner, 150 F.3d 1124 (9th Cir. 1998),             






Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011