- 8 - year.3 Sec. 1377(a)(1). Under this method, a selling shareholder’s pro rata share of income for the year of sale will be affected by corporate items realized after the sale date, because a portion of such items will be allocated to his or her period of ownership. In the present case, petitioner admits that he owes taxes for a portion of the items of S corporation income and deductions reported on the Schedule K-1, but he argues that his pro rata share should be computed with a date of sale of April 3, 2001. Respondent contends that the date of sale occurred on October 26, 2001, the date on which petitioner received his first payment for his stock. Although petitioner claims that “the deal was done” on April 3, 2001, there was no written agreement evidencing a sale of the shares to Mr. Taylor, and petitioner did not receive any payment for his shares. The only evidence introduced by petitioner was a letter faxed to the Kentucky Board of Embalmers and Funeral Directors on February 14, 2001, which informed the Commonwealth’s licensing agency of an “upcoming sale of the business”. This 3 Under some circumstances, a selling shareholder may elect to compute the selling shareholder’s pro rata share as if the taxable year terminated on the sale date. Sec. 1377(a)(2). Petitioner did not make such an election to “close the books” on the date of sale.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011